sec.40Proceedings for an offence

sec.40 Proceedings for an offence

Subject to subsection (2) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following— 1 year after the offence is committed; 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. A proceeding for an indictable offence may, at the election of the prosecution, be taken— by way of summary proceedings under subsection (1) ; or on indictment. A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of the person; or for an examination of witnesses in relation to the charge. If a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order as defined under the Justices of the Peace and Commissioners for Declarations Act 1991 . If the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment, the magistrate— must not decide the charge as a summary offence; and must proceed by way of a committal proceeding. If a magistrate acts under subsection (5) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) . The maximum penalty that may be imposed on a summary conviction of an indictable offence is 30 penalty units or 1 year’s imprisonment. In this section— indictable offence means an offence to which section 41 applies. (sec.40-ssec.1) Subject to subsection (2) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following— 1 year after the offence is committed; 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. (sec.40-ssec.2) A proceeding for an indictable offence may, at the election of the prosecution, be taken— by way of summary proceedings under subsection (1) ; or on indictment. (sec.40-ssec.3) A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of the person; or for an examination of witnesses in relation to the charge. (sec.40-ssec.4) If a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order as defined under the Justices of the Peace and Commissioners for Declarations Act 1991 . (sec.40-ssec.5) If the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment, the magistrate— must not decide the charge as a summary offence; and must proceed by way of a committal proceeding. (sec.40-ssec.6) If a magistrate acts under subsection (5) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) . (sec.40-ssec.7) The maximum penalty that may be imposed on a summary conviction of an indictable offence is 30 penalty units or 1 year’s imprisonment. (sec.40-ssec.8) In this section— indictable offence means an offence to which section 41 applies.