NSWIn ForceAct
Electoral Act 2017
254Proceedings for offences
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#### 254 Proceedings for offences
254 Proceedings for offences
> > (1) Proceedings for an offence under this Act or the regulations may be dealt with—
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> > > (a) summarily before the Local Court, or
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> > > (b) summarily before the Supreme Court in its summary jurisdiction.
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> > (2) If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 200 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.
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> > (3) Proceedings in respect of an offence against this Act or the regulations may be commenced only within 3 years after the offence was committed.
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> > (4) Section 10 (2) (b) of this Act (which confers a function of instituting proceedings for certain offences on the Electoral Commission) operates to extend and not limit the persons who may institute proceedings for those offences.
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> > (4A) Proceedings for an offence against this Act or the regulations may only be commenced with the consent of the Electoral Commission.
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> > (5) Subsection (1) does not apply to proceedings for an offence that is declared by this Act to be an indictable offence.
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> **s 254:** Am 2026 No 6, Sch 1\[94\].