Queensland Consolidated Acts

PERSONAL INJURIES PROCEEDINGS ACT 2002 - SECT 73A

73A Proceeding

(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 Attorney-General; or

(b) a person authorised by the Attorney-General to take the proceeding; or

(c) if the proceeding is for an offence against part 1 or a claim farming provision, the commissioner or a person authorised by the commissioner.

(2) A proceeding, other than a proceeding for an offence against a claim farming provision, must start—

(a) within 1 year after the commission of the offence; or

(b) within 6 months after the commission of the offence comes to the knowledge of the complainant, but not later than 2 years after the commission of the offence.

(2A) A proceeding for an offence against a claim farming provision must start within the later of—

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

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

(3) A statement in a complaint that—

(a) the complainant is authorised by 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 authorisation or when the offence came to the knowledge of the complainant.

(4) Proof of an authorisation by the commissioner or Attorney-General under subsection (1) (b) or (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 commissioner or Attorney-General.

(6) In this section—

"claim farming provision" means each of the following provisions—

(a) chapter 2 , part 1 , division 1AA ;

(b) section 9B , 9C or 13A ;

(c) chapter 2 , part 4 ;

(d) chapter 3 , part 2 .