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Contents (2003 - 103)
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Native Vegetation Act 2003 No 103
Current version for 1 January 2014 to date (accessed 26 June 2017 at 06:56)
Part 5 Division 4 Section 42
42   Proceedings for offences
(1)  Proceedings for an offence under this Act or the regulations are to be dealt with summarily before:
(a)  the Local Court, or
(b)  the Land and Environment Court.
(2)  The maximum monetary penalty that may be imposed by the Local Court in proceedings for an offence under this Act or the regulations is the maximum monetary penalty provided by this Act in respect of that offence, or 100 penalty units (including any daily penalty), whichever is the lesser.
(3)  Proceedings for an offence under this Act or the regulations may be commenced within, but not later than, 2 years after the date on which the offence is alleged to have been committed.
(4)  However, proceedings for any such offence may also be commenced within, but not later than, 2 years after the date on which evidence of the alleged offence first came to the attention of an authorised officer.
(5)  If subsection (4) 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 an 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 an authorised officer is the date specified in the information or application, unless the contrary is established.
(6)  This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.