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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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