Companies - Procedure - Commencement of prosecutions - Indictable offences against Companies (Western Australia) Code - Application of Corporations Law, s 1316 - Time period between conduct alleged to give rise to offences and commencement of prosecution in excess of five years - Whether prosecution must be commenced within five years - Whether consent of Minister always necessary to commence prosecution if five years has elapsed.
Criminal law and procedure - Indictable offences against Companies (Western Australia) Code - Prosecution of offences - Commencement of prosecutions - Whether prosecution must be commenced within five years - Whether consent of Minister always necessary to commence prosecution if five years has elapsed.
Corporations Act 1989 (Cth), ss 39, 73.
Corporations Law, s 1316.
Judiciary Act 1903 (Cth), ss 38(e), 39, 39B.
Companies (Western Australia) Code, ss 229(1), 229(4), 570.
Companies and Securities (Interpretation and Miscellaneous Provisions) (Western Australia) Code, ss 34, 35, 36.
Corporations (Western Australia) Act 1990 (WA), ss 2, 10, 80A(2), 85, 87, 91.
Justices Act 1902 (WA), ss 20, 42, 51, 97.