20Proceedings for offences

#### 20 Proceedings for offences 20 Proceedings for offences > > (1) Proceedings for an offence against an applied law may be dealt with as an offence against a law of the State. > > > (2) For the purposes of an offence against an applied law: > > > > > (a) the amount of a penalty unit specified in relation to that offence by the applied law, or a provision taken by force of section 19 (1) to apply to the matter that is the subject of the declaratory provision, is $100, and > > > > > (b) the laws of the State apply in relation to that offence as if the applied law, or a provision taken by force of section 19 (1) to apply to the matter that is the subject of the declaratory provision, were a law or laws of the State. > > > (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: > > > > > (a) the investigation and prosecution of offences, and > > > > > (b) the arrest, custody, bail, trial, finding of guilt and conviction of persons charged with offences, and > > > > > (c) proceedings relating to a matter referred to in paragraph (a) or (b), and > > > > > (d) the classification of offences as indictable or summary, and > > > > > (e) appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c), and > > > > > (f) the sentencing, punishment and release of persons found guilty or convicted of offences, and > > > > > (g) fines, penalties and forfeitures, and > > > > > (h) confiscation of the proceeds of crime. > > > (4) Proceedings for an offence against an applied law may be dealt with summarily: > > > > > (a) before the Local Court, or > > > > > (b) before the Supreme Court in its summary jurisdiction. > > > (5) If proceedings for an offence against an applied law are brought in the Local Court, the maximum penalty that the court may impose in respect of the offence is, despite any other provision of the applied law, $10,000 or the maximum penalty provided by the applied law, whichever is the lesser. > > > (6) This section does not prevent an offence against an applied law that is expressed to be an indictable offence from being dealt with on indictment. > > **s 20:** Am 2007 No 94, Schs 4, 5.