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Electoral Act 1993

Corrupt and illegal practices - General provisions

226: Time limit for prosecutions

You could also call this:

"There's a time limit to take someone to court if they break election laws"

Illustration for Electoral Act 1993

If you break the law under certain parts of the Electoral Act, you can be prosecuted. You must be prosecuted within a certain time limit. This time limit is usually six months from when the problem was found.

If you break the law under some other parts of the Electoral Act, you can also be prosecuted. You must be prosecuted within six months of when the prosecutor has enough evidence. But you must be prosecuted within three years of when you broke the law.

If you do something corrupt or illegal, you can be prosecuted. You must be prosecuted within six months of when the prosecutor has enough evidence. But you must be prosecuted within three years of when you did the corrupt or illegal thing, as stated in section 25 of the Criminal Procedure Act 2011.

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Topics:
Government and voting > ElectionsCrime and justice > Criminal law
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Part 7Corrupt and illegal practices
General provisions

226Time 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:

  2. section 205N(1):
    1. section 206N(1):
      1. section 209B(1):
        1. section 210D(1)(a):
          1. section 214G(1)(a).

            1. 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—

            2. 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
              1. not later than 3 years after the offence was committed.

                1. 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—

                2. 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
                  1. 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
                    Notes
                    • Section 226: substituted, on , by section 11 of the Electoral Amendment Act 2009 (2009 No 1).
                    • Section 226(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                    • Section 226(1)(d): substituted, on , by section 33(1) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
                    • Section 226(1)(e): inserted, on , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).
                    • Section 226(1A): inserted, on , by section 33(2) of the Electoral (Finance Reform and Advance Voting) Amendment Act 2010 (2010 No 137).
                    • Section 226(1A): amended, on , by section 45 of the Electoral Amendment Act 2014 (2014 No 8).
                    • Section 226(1A): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                    • Section 226(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).