37Indictable offences

#### 37 Indictable offences (1) An offence against section 10A, 10B, 10C, 10D, 10E or 10F or subsection 17(5), 35(1), 35(2) or 36(1) is an indictable offence. (2) Even though an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings for such an offence if: (a) the court is satisfied that it is proper to do so; and (b) the defendant and the prosecutor consent. (3) The penalty that a court of summary jurisdiction may impose for an offence against section 10A, 10B, 10C, 10D, 10E or 10F is as follows: (a) if it is proved that any of the offending material is seriously harmful material—imprisonment for up to 2 years or a fine up to 240 penalty units, or both; (b) if it is proved that any of the offending material is not within Annex 1 to the Protocol—imprisonment for up to 1 year or a fine up to 120 penalty units, or both; (c) in any other case—imprisonment for up to 6 months or a fine up to 60 penalty units, or both. (4) The penalty that a court of summary jurisdiction may impose for an offence against subsection 17(5) or 35(1) is imprisonment for up to 1 year or a fine up to 60 penalty units, or both. (5) The penalty that a court of summary jurisdiction may impose for an offence against subsection 35(2) is imprisonment for up to 6 months or a fine up to 30 penalty units, or both. (6) The penalty that a court of summary jurisdiction may impose for an offence against subsection 36(1) is imprisonment for up to 6 months or a fine up to 60 penalty units, or both.