47Proceedings for an offence

#### 47 Proceedings for an offence 47 Proceedings for an offence > > (1) A prosecution for an offence against this Act or the regulations may be brought by a Competent Authority or an authorised officer. > > > (2) Subject to subsection (3), proceedings for an offence against this Act or the regulations that is prescribed by the regulations for the purposes of this subsection may be dealt with— > > > > > (a) summarily before the Local Court, or > > > > > (b) summarily before the District Court. > > > (3) Proceedings for an offence against section 10 may only be dealt with summarily before the District Court. > > > (4) (Repealed) > > > (5) Proceedings for an offence against this Act or the regulations other than an offence referred to in subsection (2) or (3) may be dealt with— > > > > > (a) summarily before the Local Court, or > > > > > (b) summarily before the Land and Environment Court in its summary jurisdiction. > > > (6) If proceedings for an offence against this Act or the regulations are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is, despite any other provision of this Act, 1,000 penalty units. > > > (7) Proceedings for an offence under this Act or the regulations may be commenced within but not later than 2 years after the date on which the offence is alleged to have been committed. > > > (8) Proceedings for an offence under this Act or the regulations may also be commenced within but not later than 2 years after the date on which evidence of the alleged offence first came to the attention of a Competent Authority or an authorised officer. > > > (9) If subsection (8) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice, summons, information or application must contain particulars of the date on which evidence of the offence first came to the attention of a Competent Authority or an authorised officer and need not contain particulars of the date on which the offence was committed. The date on which evidence first came to the attention of a Competent Authority or an authorised officer is the date specified in the court attendance notice, summons, information or application, unless the contrary is established. > > > (10) In this section, evidence of an offence means evidence of any act or omission constituting the offence. > > **s 47:** Am 2009 No 106, Sch 4.13 \[1\]; 2016 No 48, Sch 2.14 \[1\] \[2\]; 2024 No 20, Sch 2\[4\].