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General provisions as to prosecutions.
[1952, s. 53]
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116.—(1) Proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part 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.
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(2) A prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at the suit of the Minister.
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[1976 (No. 2), ss. 5, 11]
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(3) Notwithstanding any provision in any Act specifying the period within which proceedings may be commenced, a prosecution for an offence under this Part or under regulations made under or applying the provisions of this Part may be brought at any time within whichever of the following periods later expires—
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(a) the period of three months commencing on the date on which it is certified in writing sealed with the official seal of the Minister that evidence sufficient to justify the institution of that prosecution came into the procurement or possession of the Minister, or
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(b) the period of two years commencing on the date on which the offence was committed.
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(4) For the purposes of subsection (3), a certificate, sealed with the official seal of the Minister, as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence thereof.
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(5) In any proceedings for an offence under this Part or under regulations made under or applying the provisions of this Part, the wife or husband of the person charged with the offence shall, notwithstanding any other Act, be competent to give evidence, whether for or against that person, but the wife or husband shall not be compellable either to give evidence or, in giving evidence, to disclose any communication made to her or him, as the case may be, during the marriage by that person.
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(6) Where in a prosecution for an offence under this Part, or under regulations made under or applying the provisions of this Part, it is shown to the satisfaction of the court—
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(a) that an application has been made by a person (in this section referred to as the defendant) for benefit under this Part, and
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(b) that as a result of that application benefit under this Part has been paid to any person (whether or not such benefit was that applied for and whether or not it was paid to the defendant),
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the defendant shall be presumed to have given any information contained in the application (or to have caused it to be given on his behalf) and, where such information is false, with full knowledge of such falsity and with intent that it should deceive; but this presumption may be rebutted.
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