188Proceedings for offences

188 Proceedings for offences

188 Proceedings for offences

(1) Proceedings for an offence against this Act may be dealt with summarily by—

(a) the Local Court, or

(b) the Land and Environment Court.

(2) Proceedings for an offence against the regulations may be dealt with summarily by the Local Court.

(3) The maximum monetary penalty that may be imposed for an offence is—

(a) for the Local Court—the lesser of—

(i) 1,000 penalty units, or

(ii) the maximum monetary penalty provided for the offence, or

(b) for the Land and Environment Court—the maximum penalty provided for the offence.

(4) Proceedings for an offence against this Act or the regulations may be commenced not later than—

(a) 3 years after the date alleged to be the date on which the offence was committed, or

(b) at a later date if—

(i) the date is not later than 2 years after the notification date for the offence, and

(ii) the court gives leave to commence the proceedings.

(5) Subsection (4) has effect despite the Criminal Procedure Act 1986 or another Act.

(6) If subsection (4)(b) is relied on, the court attendance notice or summons commencing proceedings—

(a) must specify the notification date for the offence, and

(b) is not required to specify the date on which the offence was committed.

(7) The date specified as the notification date for the offence in the court attendance notice or summons commencing proceedings for the offence is taken to be the notification date for the offence unless the contrary is established.

(8) In this section—

notification date, for an offence, means the date on which evidence of an act or omission constituting the alleged offence first came to the attention of an authorised officer.