sec.67FHConstitution of court and maximum penalty for indictable offences dealt with summarily

### sec.67FH Constitution of court and maximum penalty for indictable offences dealt with summarily A Magistrates Court that summarily deals with a charge of an indictable offence must be constituted by a magistrate. However, if a proceeding for the offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 . The maximum penalty that may be imposed on a summary conviction of the offence is 200 penalty units or 3 years imprisonment. s 67FH (prev s 52B) ins 2011 No. 10 s 17 amd 2017 No. 14 s 24 ; 2023 No. 21 s 26 (1) – (2) reloc and renum 2023 No. 21 s 26 (3) (sec.67FH-ssec.1) A Magistrates Court that summarily deals with a charge of an indictable offence must be constituted by a magistrate. (sec.67FH-ssec.2) However, if a proceeding for the offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 . (sec.67FH-ssec.3) The maximum penalty that may be imposed on a summary conviction of the offence is 200 penalty units or 3 years imprisonment.