New South Wales Repealed Acts

This legislation has been repealed.

ROAD AND RAIL TRANSPORT (DANGEROUS GOODS) ACT 1997 - SECT 39

39 Proceedings for an offence

(1) A prosecution for an offence may be brought by an authorised officer.

(2) Proceedings for an offence against this Act that is prescribed by the regulations for the purposes of this subsection may be dealt with:

(a) summarily before a Local Court constituted by a Magistrate sitting alone, or

(b) summarily before the Industrial Relations Commission in Court Session.

(3) The provisions of the Industrial Relations Act 1996 , and of the regulations under that Act, relating to appeals from, and the stating of a case by, a Local Court to the Industrial Relations Commission in Court Session apply to proceedings before a Local Court for an offence referred to in subsection (2).

(4) Proceedings for an offence against this Act other than an offence referred to in subsection (2) may be dealt with:

(a) summarily before a Local Court constituted by a Magistrate sitting alone, or

(b) summarily before the Land and Environment Court in its summary jurisdiction.

(5) If proceedings for an offence against this Act are brought in a Local Court, the maximum monetary penalty that the Local Court may impose for the offence is, despite any other provision of this Act, $10,000.

(6) Proceedings for an offence under this Act may be commenced:

(a) in the case of an offence under section 35, 36 or 37 or any offence prescribed by the regulations for the purposes of this subsection--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.

(7) Proceedings for an offence under this Act may also be commenced:

(a) in the case of an offence under section 35, 36 or 37 or any offence prescribed by the regulations for the purposes of this subsection--within but not later than 3 years after the date on which evidence of the alleged offence first came to the attention of an authorised officer, or

(b) in any other case--within but not later than 12 months after that date.

(8) If subsection (7) 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.

(9) In this section:
"evidence of an offence" means evidence of any act or omission constituting the offence.