sec.21Proceedings for offences

sec.21 Proceedings for offences

Proceedings for an offence against an applied law may be dealt with as an offence against a law of the State. For the purposes of an offence against an applied law— the amount of a penalty unit specified in relation to that offence by the applied law, or a provision taken by force of section 20 (1) to apply to the matter that is the subject of the declaratory provision, is the amount stated in the Penalties and Sentences Act 1992 , section 5 (1) (b) ; and the laws of the State apply in relation to that offence as if the applied law, or a provision taken by force of section 20 (1) to apply to the matter that is the subject of the declaratory provision, were a law or laws of the State. Without limiting subsection (2) (b) , the laws of the State referred to in that subsection as applying in relation to an offence include laws with respect to— the investigation and prosecution of offences; and the arrest, custody, bail, trial, finding of guilt and conviction of persons charged with offences; and proceedings relating to a matter mentioned in paragraph (a) or (b) ; and the classification of offences as indictable or summary or indictable offences that may be prosecuted summarily; and appeals and reviews relating to criminal proceedings and to proceedings of the kind mentioned in paragraph (c) ; and the sentencing, punishment and release of persons found guilty or convicted of offences; and fines, penalties and forfeitures; and confiscation of the proceeds of crime. (sec.21-ssec.1) Proceedings for an offence against an applied law may be dealt with as an offence against a law of the State. (sec.21-ssec.2) For the purposes of an offence against an applied law— the amount of a penalty unit specified in relation to that offence by the applied law, or a provision taken by force of section 20 (1) to apply to the matter that is the subject of the declaratory provision, is the amount stated in the Penalties and Sentences Act 1992 , section 5 (1) (b) ; and the laws of the State apply in relation to that offence as if the applied law, or a provision taken by force of section 20 (1) to apply to the matter that is the subject of the declaratory provision, were a law or laws of the State. (sec.21-ssec.3) Without limiting subsection (2) (b) , the laws of the State referred to in that subsection as applying in relation to an offence include laws with respect to— the investigation and prosecution of offences; and the arrest, custody, bail, trial, finding of guilt and conviction of persons charged with offences; and proceedings relating to a matter mentioned in paragraph (a) or (b) ; and the classification of offences as indictable or summary or indictable offences that may be prosecuted summarily; and appeals and reviews relating to criminal proceedings and to proceedings of the kind mentioned in paragraph (c) ; and the sentencing, punishment and release of persons found guilty or convicted of offences; and fines, penalties and forfeitures; and confiscation of the proceeds of crime.