68Prosecution of offences

68 Prosecution of offences

(1)  [Section 68 Subsection (1) amended by No. 53 of 2007, s. 8, Applied:13 Dec 2007] An offence against section 34 , 51 , 56 , 57 , 66A , 66B , 66C , 67 , or 70 is an indictable offence.

(2)  Notwithstanding that the offences referred to in subsection (1) are indictable offences, a court of summary jurisdiction may hear and determine proceedings in respect of an offence against section 34 , 51 , 56 , 57 , or 70 if –

(a) the court is satisfied that it is appropriate to do so; and

(b) the defendant and prosecutor consent.

(3)  A court of summary jurisdiction that convicts a person of an offence referred to in subsection (2) may –

(a) if the offence is against section 56 – impose a fine not exceeding 100 penalty units; or

(b) if the offence is against section 34 , 51 , 57 , or 70 – impose a fine not exceeding 100 penalty units in the case of a body corporate, and a fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months, or both, in any other case.