CTHRepealedAct
Defence (Transitional Provisions) Act 1946
15Trial of offences
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##### 15 Trial of offences
(1) Any person who contravenes, or fails to comply with, any provision of any regulation in force by virtue of this Act, or of any order, rule or by‑law in force by virtue of this Act, or made under any such regulation, shall be guilty of an offence against this Act.
(2) An offence against this Act may be prosecuted either summarily or upon indictment, but an offender shall not be liable to be punished more than once in respect of the same offence.
(3) The punishment for an offence against this Act shall be:
(a) if the offence is prosecuted summarily‑a fine not exceeding Two hundred dollars or imprisonment for a term not exceeding six months; or
(b) if the offence is prosecuted upon indictment‑a fine not exceeding One thousand dollars or imprisonment for a term not exceeding two years.
(4) An offence against this Act shall not be prosecuted summarily without the written consent of the Attorney‑General, or a person thereto authorized in writing by the Attorney‑General or of the Director of Public Prosecutions, and an offence against this Act shall not be prosecuted on indictment except in the name of the Attorney‑General or the Director of Public Prosecutions.
(5) For the purpose of the trial of a person summarily or upon indictment for an offence against this Act, the offence shall be deemed to have been committed either at the place in which it was actually committed or at any place in which the person may be.
(6) In addition to any other punishment, a court may, if it thinks fit, order the forfeiture of any money or goods in respect of which an offence against this Act has been committed.