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Contents (1999 - 80)
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Pesticides Act 1999 No 80
Current version for 15 January 2016 to date (accessed 30 April 2017 at 11:18)
Part 10 Division 1
Division 1 Proceedings for offences
71   Manner in which proceedings for offences may be dealt with
(1)  Proceedings for an offence under Division 1 of Part 2 may be dealt with summarily before the Land and Environment Court in its summary jurisdiction.
(2)  Proceedings for an offence under this Act or the regulations (other than under Division 1 of Part 2) may be dealt with:
(a)  summarily before the Local Court, or
(b)  summarily before the Land and Environment Court in its summary jurisdiction.
(3)  If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is $20,000 despite any other higher monetary penalty provided in respect of the offence.
72   Time within which summary proceedings may be commenced
(1)  This section applies only to proceedings that are to be dealt with summarily.
(2)  Proceedings for an offence under this Act or the regulations may be commenced:
(a)  in the case of a prescribed offence—within but not later than 3 years after the date on which the offence is alleged to have been committed, or
(b)  in any other case—within but not later than 12 months after that date.
(3)  Proceedings for an offence under this Act or the regulations may also be commenced:
(a)  in the case of a prescribed offence—within but not later than 3 years after the date on which evidence of the alleged offence first came to the attention of any relevant authorised officer, or
(b)  in any other case—within but not later than 12 months after that date.
(4)  If subsection (3) is relied on for the purpose of commencing proceedings for an offence, the information or application must contain particulars of the date on which evidence of the offence first came to the attention of any authorised officer and need not contain particulars of the date on which the offence was committed. The date on which evidence first came to the attention of any authorised officer is the date specified in the information or application, unless the contrary is established.
(5)  This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.
(6)  In this section:
authorised officer means any person who is an authorised officer for the purposes of this Act, whether or not the person has the functions of an authorised officer in connection with the offence concerned.
evidence of an offence means evidence of any act or omission constituting the offence.
prescribed offence means:
(a)  an offence under Division 1 of Part 2, or
(b)  an offence under section 45, or
(c)  an offence under this Act that is declared by the regulations to be a prescribed offence for the purposes of this section.
73   Environment Protection Authority may institute proceedings
Proceedings for an offence under this Act or the regulations may be instituted only by the Environment Protection Authority.
74   Penalty notices and related proceedings excluded
(1)  This Division does not affect the issue of a penalty notice under Division 2 or enforcement proceedings consequent on the failure to pay the amount of the penalty notice.
(2)  Enforcement proceedings include proceedings under Part 3 or 4 of the Fines Act 1996 or proceedings instituted by an officer authorised to issue such a penalty notice.