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Contents (1974 - 80)
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National Parks and Wildlife Act 1974 No 80
Current version for 26 October 2018 to date (accessed 26 January 2020 at 19:49)
Part 15 Division 1
Division 1 Proceedings for offences generally
189   Proceedings for offences
(1)  Proceedings for an offence under this Act or the regulations may be dealt with:
(a)  summarily before the Local Court, or
(b)  summarily before the Land and Environment Court.
(1AA), (1BB)    (Repealed)
(1A)  The maximum pecuniary penalty that the Local Court may impose in respect of an offence against this Act or the regulations is 200 penalty units (including any daily penalty, any additional penalty as provided by section 98, 99, 118 or 118A or any further penalty for a second or subsequent offence) or the maximum penalty provided by this Act or the regulations in respect of the offence, whichever is the lesser.
(1B)    (Repealed)
(2)  Where the penalty is a daily penalty it may be recovered either under a separate court attendance notice, summons or application for each day or under a court attendance notice, summons or application for the sum of the daily penalties.
(3)  Where any person is convicted of an offence against this Act or the regulations and the Judge or Magistrate before whom the person was convicted makes an order under the Criminal Procedure Act 1986 for the payment by the defendant of costs, those costs shall be paid into the Fund.
190   Time within which proceedings may be commenced
(1)  Proceedings for an offence under this Act or the regulations may be commenced:
(a)  within but not later than 2 years after the date on which the offence is alleged to have been committed, or
(b)  within but not later than 2 years after the date on which evidence of the alleged offence first came to the attention of any authorised officer.
(2)  If subsection (1) (b) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice, summons 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 court attendance notice, summons or application, unless the contrary is established.
(3)  This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.
(4)  In this section, evidence of an offence means evidence of any act or omission constituting the offence.
191   Authority to take proceedings
(1)  Subject to subsection (1A), any legal proceedings for an offence against, or to recover any charge, fee or money due under, this Act or the regulations or the Threatened Species Conservation Act 1995 or the regulations under that Act may only be taken by a police officer, the Chief Executive or by a person duly authorised by the Chief Executive in that behalf, either generally or in any particular case.
(1A)  Proceedings for an offence under this Act may be instituted in the Land and Environment Court in its summary jurisdiction only by the following persons:
(a)  the Chief Executive,
(b)  an officer of the Service authorised by the Chief Executive for the purposes of this section.
(2)  In any proceedings referred to in this section the production of an authority purporting to be signed by the Chief Executive shall be evidence of the authority without proof of the Chief Executive’s signature.