168Prosecution for offences

#### 168 Prosecution for offences 168 Prosecution for offences > > (1) Proceedings for an offence against this Act are to be disposed of summarily before the Local Court. > > > (2) Despite subsection (1), an offence against section 150 (Bribery) is to be dealt with summarily before the Local Court only— > > > > > (a) if the prosecutor proposes that it be so dealt with, and > > > > > (b) while the Local Court is satisfied that it is proper for the offence to be so dealt with. > > > (3) In any other case, an offence against section 150 is to be dealt with as an indictable offence. > > > (3A) Proceedings for an offence against this Act must be commenced not later than 3 years after the date on which evidence of the alleged offence first came to the attention of the NICC or an inspector. > > > (4) Proceedings for an offence against this Act may be instituted only by— > > > > > (a) (Repealed) > > > > > (b) the Director of Public Prosecutions or the Commissioner of Police or a person acting with the written authority of either of them, given generally or in relation to the particular case, or > > > > > (c) any person acting with the written authority of the NICC given generally or in relation to the particular case, or > > > > > (d) the Secretary or a person acting with the written authority of the Secretary, given generally or in relation to the particular case. > > > (5) A person who claims to have the written authority of the Director of Public Prosecutions, the Commissioner of Police, the NICC or the Secretary to institute proceedings for an offence against this Act is presumed to have that authority unless the contrary is proved. > > > (6) This Act does not operate to exclude the prosecution of a person otherwise than under this Act, but a person is not, in relation to substantially the same acts or omissions, liable to be prosecuted both under this Act and under any other Act or any law. > > **s 168:** Am 2001 No 27, Sch 1 \[40\]; 2001 No 121, Sch 2.29 \[2\]; 2007 No 94, Sch 2; 2015 No 56, Sch 2 \[2\] \[3\]; 2017 No 20, Sch 2.1 \[8\]; 2022 No 36, Sch 1\[102\].