4JCertain indictable offences may be dealt with summarily

4J  Certain indictable offences may be dealt with summarily  (1) Subject to subsection (2), an indictable offence (other than an offence referred to in subsection (4)) against a law of the Commonwealth, being an offence punishable by imprisonment for a period not exceeding 10 years, may, unless the contrary intention appears, be heard and determined, with the consent of the prosecutor and the defendant, by a court of summary jurisdiction.  (2) Subsection (1) does not apply in relation to an indictable offence where, under a law of the Commonwealth other than this Act, that offence may be heard and determined by a court of summary jurisdiction.  (3) Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction under subsection (1), the court may impose:  (a) where the offence is punishable by imprisonment for a period not exceeding 5 years—a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both; or  (b) where the offence is punishable by imprisonment for a period exceeding 5 years but not exceeding 10 years—a sentence of imprisonment for a period not exceeding 2 years or a fine not exceeding 120 penalty units, or both.  (4) A court of summary jurisdiction may, if it thinks fit, upon the request of the prosecutor, hear and determine any proceeding in respect of an indictable offence against a law of the Commonwealth if the offence relates to property whose value does not exceed $5,000.  (5) Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction under subsection (4), the court may impose a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both.  (6) A court of summary jurisdiction shall not impose under subsection (3) or (5):  (a) a sentence of imprisonment for a period exceeding the maximum period that could have been imposed had the offence been tried on indictment;  (b) a fine exceeding the maximum fine that could have been imposed had the offence been so tried; or  (c) both a sentence of imprisonment and a fine if the offence is punishable on trial on indictment by a sentence of imprisonment or a fine, but not both.  (7) This section does not apply to an offence against:  (b) Division 80 (other than Subdivision CA) of the Criminal Code (treason, urging violence and advocating terrorism or genocide); or  (c) Division 82 of the Criminal Code (sabotage); or  (d) Division 91 of the Criminal Code (espionage); or  (e) Division 92 of the Criminal Code (foreign interference). 4JA  Some indictable offences punishable by fine only may be dealt with summarily  (1) A court of summary jurisdiction may hear and determine an indictable offence if:  (a) the offence is not punishable by imprisonment; and  (b) the pecuniary penalty for the offence is not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate; and  (c) the defendant and prosecution consent.  (2) If the defendant is convicted, the court may impose a pecuniary penalty of:  (a) not more than 60 penalty units for an individual or 300 penalty units for a body corporate if the offence would be punishable on indictment by a pecuniary penalty of not more than 300 penalty units for an individual or 1,500 penalty units for a body corporate; or  (b) not more than 120 penalty units for an individual or 600 penalty units for a body corporate if the offence would be punishable on indictment by a pecuniary penalty of not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate. However, the court may not impose a pecuniary penalty greater than the penalty that could have been imposed if the offence had been prosecuted on indictment.  (3) This section has effect subject to any contrary intention indicated by the law creating the offence.  (4) Without limiting subsection (3), this section does not apply to an indictable offence:  (a) created by a law that provides that the offence may be heard and determined by a court of summary jurisdiction; or  (b) described in subsection 4J(4) (about offences relating to property valued at $5,000 or less).