28Indictable offences that may be heard and determined summarily

28 Indictable offences that may be heard and determined summarily (1) A charge for any of the following indictable offences may be heard and determined summarily by the Magistrates' Court, if section 29 is satisfied— (a) an offence referred to in Schedule 2; (b) an indictable offence under an Act or subordinate instrument or an offence at common law if the offence is described by an Act or subordinate instrument as being— (i) a level 5 offence or level 6 offence; or (ii) punishable by level 5 or level 6 imprisonment or fine or both; or (iii) punishable by a term of imprisonment not exceeding 10 years or a fine not exceeding 1200 penalty units or both— unless the contrary intention appears in this or any other Act or in any subordinate instrument. A level 5 offence is punishable by 10 years imprisonment maximum and a level 6 offence is punishable by 5 years imprisonment maximum: section 109 of the **Sentencing Act 1991**. (2) If an indictable offence is described as being punishable in more than one way or in one of 2 or more ways, all of those ways must be referred to in subsection (1) for subsection (1) to apply. (3) If an indictable offence referred to in Schedule 2 is qualified by reference to a specified amount or value or a specified kind of property, that qualification is not affected by subsection (1)(b) or (2).