Health and Safety in Employment Act 1992

54D Extension of time if inspector needs longer to decide whether to lay information

• (1) This section applies if an inspector considers that he or she will not be able to lay an information by the end of the 6-month period referred to in section 54B.

  (2) On application, the District Court may extend the time for laying an information.

  (3) An application under subsection (2) must be made within the 6-month period.

  (4) The court must not grant an extension unless it is satisfied that—

  • (a) an inspector reasonably requires longer than the 6-month period to decide whether to lay an information; and

  • (b) the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time consuming; and

  • (c) it is in the public interest in the circumstances that an information is able to be laid after the 6-month period expires; and

  • (d) laying the information after the 6-month period expires will not unfairly prejudice the proposed defendant in defending the charge.

  (5) The court must give the following persons an opportunity to be heard:

  • (a) the person seeking the extension:

  • (b) the proposed defendant:

  • (c) any other person who has an interest in whether or not an information should be laid, being a person described in section 54(1).

  Section 54D: inserted, on 5 May 2003, by section 27 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).