Social Welfare Act, 1983

Amendment of section 145 of Principal Act.

20.—Section 145 of the Principal Act is hereby amended by the substitution for subsections (1) to (3) of the following subsections:

“(1) Proceedings for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter shall not be instituted except by or with the consent of the Minister or by an officer authorised in that behalf by special or general directions of the Minister.

(2) A prosecution for a summary offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at the suit of the Minister.

(3) (a) Notwithstanding the provisions of subsection (1) or any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Chapter or under regulations made under or applying the provisions of this Chapter may be brought at any time within whichever of the following periods later expires—

(i) the period of six months commencing on the date certified in writing sealed with the official seal of the Minister to be the date on which evidence sufficient to justify the institution of that prosecution came into his possession, or

(ii) the period of two years commencing on the date on which the offence was committed.

(b) For the purposes of this subsection, a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came into his possession shall be sufficient evidence thereof until the contrary is shown.”.