sec.219Proceedings for an offence

### sec.219 Proceedings for an offence Subject to subsection (2) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following— 1 year after the offence is committed; 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. A proceeding for an indictable offence may, at the election of the prosecution, be taken— by way of summary proceedings under subsection (1) ; or on indictment. A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of the person; or for an examination of witnesses in relation to the charge. If a proceeding for an indictable 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 . If— a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment; the magistrate— must not decide the charge as a summary offence; and must proceed by way of a committal proceeding. If a magistrate acts under subsection (5) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) . The maximum penalty that may be imposed on a summary conviction of an indictable offence is 85 penalty units or 1 year’s imprisonment. (sec.219-ssec.1) Subject to subsection (2) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following— 1 year after the offence is committed; 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. (sec.219-ssec.2) A proceeding for an indictable offence may, at the election of the prosecution, be taken— by way of summary proceedings under subsection (1) ; or on indictment. (sec.219-ssec.3) A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of the person; or for an examination of witnesses in relation to the charge. (sec.219-ssec.4) If a proceeding for an indictable 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.219-ssec.5) If— a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment; the magistrate— must not decide the charge as a summary offence; and must proceed by way of a committal proceeding. (sec.219-ssec.6) If a magistrate acts under subsection (5) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) . (sec.219-ssec.7) The maximum penalty that may be imposed on a summary conviction of an indictable offence is 85 penalty units or 1 year’s imprisonment. - (a) 1 year after the offence is committed; - (b) 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. - (a) by way of summary proceedings under subsection (1) ; or - (b) on indictment. - (a) for the summary conviction of the person; or - (b) for an examination of witnesses in relation to the charge. - (a) a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or - (b) the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment; - (c) must not decide the charge as a summary offence; and - (d) must proceed by way of a committal proceeding. - (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and - (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and - (c) before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .