18Prosecution of offences against subsection 8(1)

18 Prosecution of offences against subsection 8(1)

(1) Subject to subsection (2), an offence against subsection 8(1A) or (1) is an indictable offence. (2) Notwithstanding that an offence against subsection 8(1A) or (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent. (3) Where, in accordance with subsection (2), a court of summary jurisdiction convicts a person of an offence against subsection 8(1A) or (1), the penalty that the court may impose is: (a) if the offender is a natural person—a fine not exceeding 50 penalty units; or (b) if the offender is a body corporate—a fine not exceeding 100 penalty units.