sec.120Proceedings for offences

### sec.120 Proceedings for offences Subject to subsections (3) , (4) and (5) , offences against this Act may be prosecuted in a summary way under the Justices Act 1886 . A prosecution for an offence against this Act may be commenced within 1 year from the time when the matter of complaint arose or within 6 months after the matter of complaint comes to the knowledge of the complainant, whichever is the period later to expire. Offences against sections 103 , 109 , 110 and 111 may be prosecuted in a summary way under the Justices Act 1886 or upon indictment. A person against whom proceedings are taken summarily under this section for an offence against section 103 to which paragraph (b) of the penalty for that section would otherwise apply is liable on conviction to a penalty of not more than 300 penalty units or 3 years imprisonment. Where proceedings for an offence against section 103 , 109 , 110 or 111 are taken with a view to summary conviction of the defendant, the court, if it forms the opinion that the matter should not be determined summarily or if the defendant requires that the matter be dealt with upon indictment, shall abstain from determining the matter summarily and shall instead deal with the proceedings as proceedings with a view to the committal of the defendant for trial or sentence, as the case may be, and may exercise in respect of the defendant for the purpose of such proceedings all the powers conferred on it by law as though the proceedings were proceedings with a view to committal in the first instance. Where the court abstains from determining a matter summarily pursuant to subsection (4) , a plea of the defendant, if taken at the outset of the summary proceedings, shall be disregarded and, before committing the defendant for trial or for sentence, it shall address the defendant in accordance with the provisions of the Justices Act 1886 , section 104 . A conviction upon indictment for an offence against section 103 , 109 , 110 or 111 shall be and have effect in law as a conviction for an indictable offence. s 120 amd 2008 No. 2 s 9 (sec.120-ssec.1) Subject to subsections (3) , (4) and (5) , offences against this Act may be prosecuted in a summary way under the Justices Act 1886 . (sec.120-ssec.2) A prosecution for an offence against this Act may be commenced within 1 year from the time when the matter of complaint arose or within 6 months after the matter of complaint comes to the knowledge of the complainant, whichever is the period later to expire. (sec.120-ssec.3) Offences against sections 103 , 109 , 110 and 111 may be prosecuted in a summary way under the Justices Act 1886 or upon indictment. (sec.120-ssec.3A) A person against whom proceedings are taken summarily under this section for an offence against section 103 to which paragraph (b) of the penalty for that section would otherwise apply is liable on conviction to a penalty of not more than 300 penalty units or 3 years imprisonment. (sec.120-ssec.4) Where proceedings for an offence against section 103 , 109 , 110 or 111 are taken with a view to summary conviction of the defendant, the court, if it forms the opinion that the matter should not be determined summarily or if the defendant requires that the matter be dealt with upon indictment, shall abstain from determining the matter summarily and shall instead deal with the proceedings as proceedings with a view to the committal of the defendant for trial or sentence, as the case may be, and may exercise in respect of the defendant for the purpose of such proceedings all the powers conferred on it by law as though the proceedings were proceedings with a view to committal in the first instance. (sec.120-ssec.5) Where the court abstains from determining a matter summarily pursuant to subsection (4) , a plea of the defendant, if taken at the outset of the summary proceedings, shall be disregarded and, before committing the defendant for trial or for sentence, it shall address the defendant in accordance with the provisions of the Justices Act 1886 , section 104 . (sec.120-ssec.6) A conviction upon indictment for an offence against section 103 , 109 , 110 or 111 shall be and have effect in law as a conviction for an indictable offence.