Contents (2008 - 97)
Rail Safety Act 2008 No 97
133 Period within which proceedings for offences may be commenced
(1) This section applies to an offence against a rail safety law, other than the following:(a) an offence under the regulations,(b) an offence in respect of which proceedings may only be commenced within a period of less than 2 years after its alleged commission,(c) any other offence prescribed by the regulations for the purposes of this section.(2) Despite anything to the contrary in any other Act, proceedings for an offence against a rail safety law to which this section applies may be commenced within:(a) 2 years after the offence was committed, or(b) a further period of one year commencing on the day on which the ITSRR, a rail safety officer or a police officer first obtained evidence of the commission of the alleged offence considered reasonably sufficient by the ITSRR or officer to warrant commencing proceedings.(3) If a relevant inquiry is held and it appears from the report of the inquiry or proceedings at the inquiry that an offence has been committed against this Act or the regulations (whether or not the offender is identified), proceedings in respect of that offence may be instituted within 2 years after the date the report was made or the inquiry was concluded.(4) For the purposes of subsection (2), a certificate purporting to have been issued by the ITSRR, a rail safety officer or a police officer as to the date when the ITSRR or officer first obtained evidence considered reasonably sufficient by the ITSRR or officer to warrant commencing proceedings is admissible in any proceedings and is evidence of the matters stated.(5) In this section:relevant inquiry means:(a) a coronial inquest or inquiry, or(b) a rail safety inquiry, or(c) an investigation by the Chief Investigator, or(d) an inquiry by the Australian Transport Safety Bureau, or(e) any other inquiry prescribed by the regulations.