(a) while the offence was being committed; or (b) after the offence was committed. (3) Any such order is to be treated as if it were a fine imposed by the Court. 95 Prosecutions (1) Proceedings for an offence against this Act or the S. 95(1) amended by regulations may only be brought by— No. 86/1994 s. 47(zzc), (a) the Director; or substituted by No. 103/2004 (b) a person authorised by the Director for the s. 43. purposes of this section. (1A) In proceedings for an offence against this Act or S. 95(1A) inserted by the regulations it must be presumed, in the No. 103/2004 absence of evidence to the contrary, that the s. 43. person bringing the proceedings was authorised to bring the proceedings. (1B) Subsection (1) does not apply to proceedings for S. 95(1B) inserted by an indictable offence. No. 103/2004 s. 43. (2) Notwithstanding anything in any Act, proceedings S. 95(2) amended by for any offence against this Act may be brought No. 9848 within the period of three years after the s. 18(1). commission of the alleged offence or, with the consent of the Director of Public Prosecutions, at any later time. S. 95A 95A Power to serve a notice inserted by No. 86/1994 (1) An authorised officer may serve an infringement s. 43, notice on any person that he or she has reason to repealed by No. 52/1998 believe has committed an offence against this Act s. 110, or the regulations specified by the regulations as new s. 95A inserted by an offence in respect of which an infringement No. 41/2003 notice may be issued. s. 10. S. 95A(1A) (1A) An offence referred to in subsection (1) for which inserted by an infringement notice may be served is an No. 32/2006 s. 94(Sch. infringement offence within the meaning of the item 17(1)). Infringements Act 2006.
(a) while the offence was being committed; or (b) after the offence was committed. (3) Any such order is to be treated as if it were a fine imposed by the Court. 95 Prosecutions S. 95(1) amended by No. 86/1994 s. 47(zzc), substituted by No. 103/2004 s. 43. (1) Proceedings for an offence against this Act or the regulations may only be brought by— (a) the Director; or (b) a person authorised by the Director for the purposes of this section. S. 95(1A) inserted by No. 103/2004 s. 43. (1A) In proceedings for an offence against this Act or the regulations it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceedings was authorised to bring the proceedings. S. 95(1B) inserted by No. 103/2004 s. 43. (1B) Subsection (1) does not apply to proceedings for an indictable offence. S. 95(2) amended by No. 9848 s. 18(1). (2) Notwithstanding anything in any Act, proceedings for any offence against this Act may be brought within the period of three years after the commission of the alleged offence or, with the consent of the Director of Public Prosecutions, at any later time. S. 95A inserted by No. 86/1994 s. 43, repealed by No. 52/1998 s. 110, new s. 95A inserted by No. 41/2003 s. 10. 95A Power to serve a notice (1) An authorised officer may serve an infringement notice on any person that he or she has reason to believe has committed an offence against this Act or the regulations specified by the regulations as an offence in respect of which an infringement notice may be issued. S. 95A(1A) inserted by No. 32/2006 s. 94(Sch. item 17(1)). (1A) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
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