Queensland Consolidated Acts

MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 87W

87W Proceedings

(1) A proceeding for an offence against this Act is to be taken in a summary way under the Justices Act 1886 before a magistrate on the complaint of—

(a) the commissioner; or

(b) the Attorney-General; or

(c) a person authorised by the commissioner or the Attorney-General to take the proceeding.

(2) The proceeding must start—

(a) within 2 years after the commission of the offence; or

(b) within 6 months after the commission of the offence comes to the knowledge of the complainant;

whichever is the later.

(3) A statement in a complaint that—

(a) the complainant is authorised by the commissioner or the Attorney-General to take the proceeding; or

(b) the commission of the alleged offence came to the knowledge of the complainant on a particular date;

is evidence of the fact stated.

(4) Proof of an authorisation by the commissioner or the Attorney-General under subsection (1) (c) is not required in a proceeding unless the defendant gives the entity responsible for prosecuting the proceeding a notice of intention to challenge the authorisation at least 10 business days before the hearing date.

(5) The notice must be in the form approved by the commission or transport administration.