Tasmanian Numbered Acts

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MAGISTRATES COURT (CRIMINAL AND GENERAL DIVISION) ACT 2019 (NO. 43 OF 2019) - SECT 80

Time limit for commencing proceedings for summary offence
(1)  Proceedings for a summary offence must be commenced –
(a) within 6 months after the time when the alleged offence occurred; or
(b) if a different period for the commencing of the proceedings is specified in, or determined under, this or any other Act, within that different period.
(2)  Subsection (1)(a) does not apply to –
(a) an offence that is taken to have been created a summary offence by reason of section 99 or 101 ; or
(b) an offence referred to in subsection (4) in the circumstances specified in that subsection.
(3)  Proceedings for a summary offence that is not also an indictable offence referred to in Schedule 1 or 2 may be commenced against a defendant within 12 months after the time when the alleged offence occurred if –
(a) the circumstances of the alleged offence may also give rise to an indictable offence; and
(b) the defendant has been charged with that indictable offence within the period of 6 months, or the other period, referred to in subsection (1) .
(4)  Proceedings for a summary offence that is not also an indictable offence referred to in Schedule 1 or 2 may be commenced against a defendant at any time if –
(a) the circumstances of the alleged offence may also give rise to an indictable offence; and
(b) the defendant has been charged with that indictable offence within the period of 6 months, or the different period, referred to in subsection (1) ; and
(c) the defendant has consented in writing to the commencement of the proceedings.


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