Victorian Current Acts

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OCCUPATIONAL HEALTH AND SAFETY ACT 2004 - SECT 132

Limitation period for prosecutions

    (1)     Proceedings for an indictable offence against this Act may be brought within the latest of the following periods to occur—

        (a)     within 2 years after the offence first comes to the notice of the Authority;

        (b)     within one year after a coronial report was made or a coronial inquiry or inquest ended, if it appeared from the report or the proceedings at the inquiry or inquest that an indictable offence had been committed against this Act;

        (c)     if an undertaking has been given under section 16 in relation to the offence, within 6 months after—

              (i)     the undertaking is contravened; or

              (ii)     it comes to the notice of the Authority that the undertaking has been contravened; or

              (iii)     the Authority has agreed under section 16(2) to the withdrawal of the undertaking;

        (d)     at any time with the written authorisation of the Director of Public Prosecutions.

    (2)     A proceeding for an indictable offence may be brought after the end of the applicable limitation period in subsection (1) if fresh evidence relevant to the offence is discovered and the court is satisfied that the evidence could not reasonably have been discovered within the relevant limitation period.



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