Electoral Act 1993

226 Time limit for prosecutions

(1)

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, a prosecution under any of the following provisions must be commenced within 6 months of the date on which the return was required to be filed:

(a)

section 205N(1):

(b)

section 206N(1):

(c)

section 209B(1):

(d)

section 210D(1)(a):

(e)

section 214G(1)(a).

(1A)

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, a prosecution under section 206ZE(1), 210D(1)(b), or 214G(1)(b) must be commenced—

(a)

within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but

(b)

not later than 3 years after the offence was committed.

(2)

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, a prosecution against any person for a corrupt practice or an illegal practice must be commenced—

(a)

within 6 months of the date on which the prosecutor is satisfied that there is sufficient evidence to warrant the commencement of the proceedings; but

(b)

not later than 3 years after the corrupt practice or illegal practice was committed.

Compare: 1993 No 87 s 226 (pre-20 December 2007); 2007 No 111 s 140

Section 226: substituted, on 1 March 2009, by section 11 of the Electoral Amendment Act 2009 (2009 No 1).

Section 226(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 226(1)(d): substituted, on 1 January 2011, by section 33(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 226(1)(e): inserted, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 226(1A): inserted, on 1 January 2011, by section 33(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).

Section 226(1A): amended, on 25 March 2014, by section 45 of the Electoral Amendment Act 2014 (2014 No 8).

Section 226(1A): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 226(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).