sec.44Summary proceedings

### sec.44 Summary proceedings In an Act, a provision of the type mentioned in subsection (2) means that a proceeding for an offence, or a specified offence, against the Act is a summary proceeding under the Justices Act 1886 . Subsection (1) applies to provisions of the following type— a provision to the effect that a proceeding for the offence is to be heard and decided summarily; a provision to the effect that a proceeding for the offence is to be heard and decided by or before justices or a magistrate; a provision to the effect that the offence is a summary offence or is punishable on summary conviction or summarily; a provision for an offence that does not expressly or impliedly make the offence an indictable offence. In an Act, a provision that provides that another type of proceeding is to be heard and decided summarily, or before justices or a magistrate, means that the proceeding is a summary proceeding under the Justices Act 1886 . A provision providing for the imposition of a penalty or the making of a forfeiture order, without providing how the penalty is to be recovered or the order made, is taken to mean that the penalty may be recovered, or the order made, under the Justices Act 1886 . s 44 amd 1985 No. 73 s 13 (1) ; 1991 No. 30 s 3 sch 1 sub 1993 No. 32 s 3 sch 1 hdg prec s 45 om 1991 No. 97 s 3 sch 1 (sec.44-ssec.1) In an Act, a provision of the type mentioned in subsection (2) means that a proceeding for an offence, or a specified offence, against the Act is a summary proceeding under the Justices Act 1886 . (sec.44-ssec.2) Subsection (1) applies to provisions of the following type— a provision to the effect that a proceeding for the offence is to be heard and decided summarily; a provision to the effect that a proceeding for the offence is to be heard and decided by or before justices or a magistrate; a provision to the effect that the offence is a summary offence or is punishable on summary conviction or summarily; a provision for an offence that does not expressly or impliedly make the offence an indictable offence. (sec.44-ssec.3) In an Act, a provision that provides that another type of proceeding is to be heard and decided summarily, or before justices or a magistrate, means that the proceeding is a summary proceeding under the Justices Act 1886 . (sec.44-ssec.4) A provision providing for the imposition of a penalty or the making of a forfeiture order, without providing how the penalty is to be recovered or the order made, is taken to mean that the penalty may be recovered, or the order made, under the Justices Act 1886 . - (a) a provision to the effect that a proceeding for the offence is to be heard and decided summarily; - (b) a provision to the effect that a proceeding for the offence is to be heard and decided by or before justices or a magistrate; - (c) a provision to the effect that the offence is a summary offence or is punishable on summary conviction or summarily; - (d) a provision for an offence that does not expressly or impliedly make the offence an indictable offence.