Document ID: chunk:federal_register_of_legislation:C2025C00131:section:38ha
Version: federal_register_of_legislation:C2025C00131
Segment Type: section
Provision Reference: s 38HA
Character Range: 124164–125513

38HA  Commencement of certain prosecutions: time limit
 (1) A prosecution of an individual for an offence against a provision of this Part, the maximum penalty for which:
 (a) does not include a term of imprisonment (otherwise than because of section 38HC, 38HD, 38HE or 38HF); or
 (b) includes a term of imprisonment of 6 months or less;
may be commenced at any time within 2 years of the commission of the offence.
Note: Subsection (1) extends by a year the deadline that would otherwise apply to these offences under section 15B of the Crimes Act 1914. For offences with a maximum penalty of more than 6 months' imprisonment, section 15B of that Act means that there is no deadline.
 (2) A prosecution of a body corporate for an offence against a provision of this Part, the maximum penalty for which is a fine of 150 penalty units or less, may be commenced at any time within 2 years of commission of the offence.
Note: Subsection (2) extends by a year the deadline that would otherwise apply to these offences under section 15B of the Crimes Act 1914. For offences with a maximum penalty of more than 150 penalty units, section 15B of that Act means that there is no deadline.
 (3) In applying subsection 15B(1) of the Crimes Act 1914 to an offence against a provision of this Part, disregard the effect of sections 38HC, 38HD, 38HE and 38HF.