156Proceedings

156 Proceedings

156 Proceedings

(1) Proceedings for an offence against this Act or the regulations may be taken and prosecuted only by the following persons—

(a) the Secretary or, in the name of the Secretary, a person acting with the authority of the Secretary,

(b) a police officer,

(c) the Secretary of the department in which the Road Transport Act 2013 is administered or, in the name of the Secretary of the department in which the Road Transport Act 2013 is administered, a person acting with the authority of that Secretary.

(2) Proceedings for an offence under this Act or the regulations (other than proceedings for an indictable offence) may be dealt with—

(a) summarily before the Local Court, or

(b) summarily before the Supreme Court in its summary jurisdiction.

(3) The maximum monetary penalty that the Local Court may impose in proceedings for an offence under this Act or the regulations is the maximum penalty specified for that offence or 100 penalty units, whichever is the lesser.

(4) Any proceedings for an offence against this Act or the regulations must be commenced not later than 1 year after the time when the offence is alleged to have been committed.

(5) Despite subsection (4), proceedings for an offence under Division 1 of Part 2 or section 52, 53 or 54 may be commenced at any time within 3 years after the time when the offence is alleged to have been committed.

s 156: Am 2020 No 30, Sch 4.50[4]; 2023 No 28, Sch 1[53].