31Indictable offences—summary disposal of unless prosecution or accused elects otherwise

#### 31 Indictable offences—summary disposal of unless prosecution or accused elects otherwise 31 Indictable offences—summary disposal of unless prosecution or accused elects otherwise > > (1) This section applies to the following offences— > > > > > (a) an offence under section 23 (1) or 23A (1), > > > > > (b) an offence under section 24 (1) or (1A), > > > > > (c) an offence under section 25 (1), (1A) or (2C), > > > > > (c1) an offence under section 26 of conspiring to commit an offence referred to in paragraph (a), (b) or (c), > > > > > (d) an offence under section 27 of aiding, abetting, counselling, procuring, soliciting or inciting the commission of an offence referred to in paragraph (a), (b) or (c), and > > > > > (e) an offence under section 28 of conspiring to commit, or of aiding, abetting, counselling, procuring, soliciting or inciting the commission of, an offence under a law in force outside New South Wales which corresponds to section 23 (1), 23A (1), 24 (1) or (1A) or 25 (1), (1A) or (2C), > > > > where the court is satisfied on the balance of probabilities that the number or amount of the prohibited plant or prohibited drug concerned in the commission of the offence is not more than the indictable quantity applicable to the prohibited plant or prohibited drug. > > > (1A) This section also applies to an offence under section 24A or 24B. > > > (2) Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence to which this section applies. > > > (3) If such an offence is dealt with summarily, the maximum penalty for the offence is a fine of 100 penalty units or imprisonment for 2 years, or both. > > **s 31:** Am 1988 No 17, Sch 1 (4); 1995 No 22, Sch 2.4 \[2\]; 1995 No 23, Sch 1.5 \[4\]; 1998 No 149, Sch 2.7 \[4\] \[5\]; 1999 No 94, Sch 4.19; 2000 No 107, Sch 1 \[2\]; 2001 No 121, Sch 2.88 \[3\]; 2006 No 39, Sch 1 \[13\] \[14\]; 2006 No 57, Sch 1 \[9\] \[10\]; 2007 No 57, Sch 4 \[5\].