116Proceedings for offences

#### 116 Proceedings for offences 116 Proceedings for offences > > (1) Except where otherwise expressly provided by this Act, proceedings for an offence against this Act or the regulations shall be dealt with summarily before the Local Court. > > > (2) If an offence against this Act is an indictable offence, the Local Court may nevertheless hear and determine the proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent. > > > (3) If, in accordance with subsection (2), the Local Court convicts a person of such an offence, the maximum penalty that the court may impose is— > > > > > (a) in the case of an individual—the smaller of— > > > > > > > (i) a fine of 50 penalty units or imprisonment for 2 years, or both, or > > > > > > > (ii) the maximum penalty otherwise applicable to the offence when committed by an individual, or > > > > > (b) in the case of a corporation—the smaller of— > > > > > > > (i) a fine of 100 penalty units, or > > > > > > > (ii) the maximum penalty otherwise applicable to the offence when committed by a corporation. > > > (4) Proceedings for an alleged offence under section 79I, 80 (c), 81, 82 or 95 may be commenced within 3 years after the commission of the alleged offence. > > > (5) Proceedings for an alleged offence under section 112 may be commenced within 2 years after the commission of the alleged offence. > > **s 116:** Am 1996 No 29, Sch 3 (16); 2001 No 121, Sch 2.125 \[6\]; 2005 No 10, Sch 1 \[63\]; 2007 No 94, Sch 2; 2008 No 123, Sch 1 \[8\]; 2022 No 14, Sch 4\[15\].