Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person shall not be charged with:
(a) an offence against this Act (other than section 61) or the regulations; or
(b) a service offence that is an ancillary offence in relation to an offence referred to in paragraph (a);
after the expiration of a period of 5 years after the time at which the offence is alleged to have been committed.
(2) Notwithstanding anything in subsection (1), a person may be charged with:
(a) an offence against any of sections 15 to 16B, section 20 or section 22; or
(b) a service offence that is an ancillary offence in relation to an offence referred to in paragraph (a);
at any time.
(3) A reference in subsection (1) to a period shall be read as not including a reference to a period during which the person:
(a) was a prisoner of war;
(b) was absent without leave; or
(c) was serving a sentence of imprisonment.
(4) A person shall not be charged with an offence against section 61 if the time that has elapsed since the offence is alleged to have been committed equals or exceeds the period of time that would bar trial by, or institution of proceedings in, a court exercising jurisdiction in or in relation to the Jervis Bay Territory for the relevant Territory offence.
(6) A person who has ceased to be a member of the Defence Force or a defence civilian shall not be charged with a service offence unless:
(a) the period that has elapsed since the person so ceased does not exceed 6 months; and
(b) the maximum punishment for the service offence is imprisonment for a period of 2 years or a punishment that is more severe than that punishment.