Section 232 — Work Health and Safety Act 2011: Limitation period for prosecutions

(1) Proceedings for an offence against this Act may be brought within the latest of the following periods to occur: (a) within 2 years after the offence first comes to the notice of the regulator; (b) within 1 year after a coronial report was made or a coronial inquiry or inquest ended, or an official inquiry ended if it appeared from the report or the proceedings at the inquiry or inquest that an offence had been committed against this Act; (c) if a WHS undertaking has been given in relation to the offence, within 6 months after: (i) the WHS undertaking is contravened; or (ii) it comes to the notice of the regulator that the WHS undertaking has been contravened; or (iii) the regulator has agreed under section 221 to the withdrawal of the WHS undertaking. Exceptions (2) A proceeding for a Category 1 offence may be brought after the end of the applicable limitation period in subsection (1) if fresh evidence relevant to the offence is discovered and the court in which the proceedings are brought is satisfied that the evidence could not reasonably have been discovered within the relevant limitation period. (2A) Despite subsection (1), proceedings for an offence against subsection 30A(1) (industrial manslaughter) may be brought at any time. Definitions (3) In this section: official inquiry means: (a) a Royal Commission within the meaning of the Royal Commissions Act 1902; or (b) a Royal Commission of a State or Territory; or (c) a commission of inquiry of the Commonwealth or of a State or Territory; or (d) a court, board or commission of inquiry conducted under regulations made under the Defence Act 1903; or (e) any other form of inquiry prescribed by regulations for the purposes of this paragraph.