Section 11.9 — Motor Accident Injuries Act 2017 (NSW)

(cf s 227 MACA)
(1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.
(2) Proceedings for an offence under this Act or the regulations may be commenced—
(a) in the case of a prescribed offence—within 2 years after the date on which evidence of the alleged offence first came to the attention of the Authority, or
(b) in any other case—within 12 months after the date of the alleged commission of the offence.
(3) If subsection (2) (a) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice or application must contain particulars of the date on which evidence of the offence first came to the attention of the Authority 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 the Authority is the date specified in the court attendance notice or application, unless the contrary is established.
(4) This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.
(5) In this section—
evidence of an offence means evidence of any act or omission constituting the offence.
prescribed offence means—
(a) an offence against any provision of Part 3, 6 or 9, and
(b) an offence against this Act or the regulations that is declared by the regulations to be a prescribed offence for the purposes of this section.

Related sections

• s 11.6 — Service of documents on Authority
• s 11.7 — Service of documents on Nominal Defendant
• s 11.8 — Offences by corporations
• s 11.10 — Penalty notices
• s 11.11 — Regulation of advertising and other marketing of services
• s 11.12 — Regulations generally

Research how courts apply s 11.9

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.