378HProceedings for offences

#### 378H Proceedings for offences 378H Proceedings for offences > > (1) Proceedings for an offence against this Act or the regulations are, except as provided by this section, to be dealt with summarily before— > > > > > (a) the Land and Environment Court, in the case of an offence under Division 1 or 2 of Part 2, section 163C, or section 291 (committed by a corporation), section 240C, 246R, 248S, 378A, 378C, 378D, 378ZF or 378ZFE, or > > > > > (b) the Local Court, in the case of any offence. > > > (2) If proceedings for an offence under this Act or the regulations are brought in the Local Court— > > > > > (a) the maximum period of imprisonment that the Court may impose for the offence is 12 months, and > > > > > (b) the maximum monetary penalty that the Court may impose is 2,000 penalty units. > > > (3) Proceedings for an offence under section 5, 6, 12B, 12C, 12D or 291 are to be dealt with on indictment. > > > > Note. > > > > Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) provides an alternative procedure for dealing with these offences summarily following an election by the prosecutor or defendant. > > > (4) (Repealed) > > **s 378H:** Ins 2008 No 19, Sch 1 \[258\] (am 2008 No 107, Sch 20 \[12\] \[13\]). Am 2012 No 84, Sch 2.2 \[14\] \[15\]; 2014 No 1, Sch 2 \[3\]; 2015 No 40, Sch 1 \[120\]–\[122\]; 2017 No 27, Sch 1 \[14\] \[15\] .