36ZAProceedings for offences

36ZA Proceedings for offences

36ZA Proceedings for offences

(1) Except as provided by subsection (2), proceedings for an offence under this Part are to be dealt with summarily before the Local Court.

(2) A second or subsequent offence under section 36X, 36Y or 36Z (whether or not under the same subsection of the section concerned) is to be prosecuted on indictment.

(3) If proceedings for an offence under this Part are dealt with summarily before the Local Court, the maximum penalty that may be imposed is 100 penalty units or imprisonment for 2 years (or both), or the maximum penalty provided for the offence, whichever is the lesser.

s 36ZA: Ins 2002 No 103, Sch 4.25 [2]. Am 2006 No 107, Sch 1.15 [6]; 2007 No 94, Sch 2.