sec.94Proceedings for offences

### sec.94 Proceedings for offences Proceedings for an offence against this Act for which the maximum penalty is less than the higher level penalty amount shall be taken in a summary way under the Justices Act 1886 . Proceedings for an offence against this Act for which the maximum penalty is the higher level penalty amount or more may be prosecuted either in a summary way under the Justices Act 1886 or on indictment, at the election of the prosecution. If, under subsection (2) , the prosecution elects to prosecute an offence against this Act in a summary way under the Justices Act 1886 — the maximum penalty that may be imposed for that offence is half of the maximum penalty stated for the offence; and The maximum penalty for an offence against the Australian Consumer Law (Queensland), section 151 (1) (False or misleading representations about goods or services) is $1,100,000 for a body corporate or $220,000 for a person who is not a body corporate. If the offence is prosecuted in a summary way, the maximum penalty that could be imposed for the offence would be $550,000 for a body corporate or $110,000 for a person who is not a body corporate. for all purposes the offence alleged shall be taken to be a simple offence and not an indictable offence. If, under subsection (2) , the prosecution elects to prosecute an offence against this Act on indictment— the tribunal of fact as well as law shall consist of a judge of the court in which the trial takes place sitting alone; and the Criminal Code with all necessary adaptations shall be read and construed with this Act. The maximum term of imprisonment that a court may order in default of payment of a penalty imposed under this Act is 1 year. A proceeding for an offence against this Act may be commenced only by— an inspector; or another person, with the commissioner’s approval. In this section— higher level penalty amount , in relation to a maximum penalty for an offence, means an amount of maximum penalty that is, or that is calculated to be— if the person committing the offence is a body corporate—$1,100,000; or if the person committing the offence is not a body corporate—$220,000. The Australian Consumer Law (Queensland), section 194 (1) (Supplying etc. consumer goods that do not comply with safety standards) provides for a penalty of $1,100,000 for a body corporate or $220,000 for a person who is not a body corporate. Section 45 (1) (Compliance with embargo notice) provides for a maximum penalty of 200 penalty units for a body corporate or 40 penalty units for a person who is not a body corporate. If the value of a penalty unit for that section is $110 (see section 45 (6) ), the maximum penalty for the offence is calculated to be $22,000 for a body corporate or $4,400 for a person who is not a body corporate. s 94 amd 1992 No. 68 s 3 sch 1 ; 1997 No. 12 s 44 ; 1999 No. 63 s 61 ; 2002 No. 13 s 39 ; 2010 No. 54 s 40 (sec.94-ssec.1) Proceedings for an offence against this Act for which the maximum penalty is less than the higher level penalty amount shall be taken in a summary way under the Justices Act 1886 . (sec.94-ssec.2) Proceedings for an offence against this Act for which the maximum penalty is the higher level penalty amount or more may be prosecuted either in a summary way under the Justices Act 1886 or on indictment, at the election of the prosecution. (sec.94-ssec.3) If, under subsection (2) , the prosecution elects to prosecute an offence against this Act in a summary way under the Justices Act 1886 — the maximum penalty that may be imposed for that offence is half of the maximum penalty stated for the offence; and The maximum penalty for an offence against the Australian Consumer Law (Queensland), section 151 (1) (False or misleading representations about goods or services) is $1,100,000 for a body corporate or $220,000 for a person who is not a body corporate. If the offence is prosecuted in a summary way, the maximum penalty that could be imposed for the offence would be $550,000 for a body corporate or $110,000 for a person who is not a body corporate. for all purposes the offence alleged shall be taken to be a simple offence and not an indictable offence. (sec.94-ssec.4) If, under subsection (2) , the prosecution elects to prosecute an offence against this Act on indictment— the tribunal of fact as well as law shall consist of a judge of the court in which the trial takes place sitting alone; and the Criminal Code with all necessary adaptations shall be read and construed with this Act. (sec.94-ssec.5) The maximum term of imprisonment that a court may order in default of payment of a penalty imposed under this Act is 1 year. (sec.94-ssec.6) A proceeding for an offence against this Act may be commenced only by— an inspector; or another person, with the commissioner’s approval. (sec.94-ssec.7) In this section— higher level penalty amount , in relation to a maximum penalty for an offence, means an amount of maximum penalty that is, or that is calculated to be— if the person committing the offence is a body corporate—$1,100,000; or if the person committing the offence is not a body corporate—$220,000. The Australian Consumer Law (Queensland), section 194 (1) (Supplying etc. consumer goods that do not comply with safety standards) provides for a penalty of $1,100,000 for a body corporate or $220,000 for a person who is not a body corporate. Section 45 (1) (Compliance with embargo notice) provides for a maximum penalty of 200 penalty units for a body corporate or 40 penalty units for a person who is not a body corporate. If the value of a penalty unit for that section is $110 (see section 45 (6) ), the maximum penalty for the offence is calculated to be $22,000 for a body corporate or $4,400 for a person who is not a body corporate. - (a) the maximum penalty that may be imposed for that offence is half of the maximum penalty stated for the offence; and Example— The maximum penalty for an offence against the Australian Consumer Law (Queensland), section 151 (1) (False or misleading representations about goods or services) is $1,100,000 for a body corporate or $220,000 for a person who is not a body corporate. If the offence is prosecuted in a summary way, the maximum penalty that could be imposed for the offence would be $550,000 for a body corporate or $110,000 for a person who is not a body corporate. - (b) for all purposes the offence alleged shall be taken to be a simple offence and not an indictable offence. - (a) the tribunal of fact as well as law shall consist of a judge of the court in which the trial takes place sitting alone; and - (b) the Criminal Code with all necessary adaptations shall be read and construed with this Act. - (a) an inspector; or - (b) another person, with the commissioner’s approval. - (a) if the person committing the offence is a body corporate—$1,100,000; or - (b) if the person committing the offence is not a body corporate—$220,000.