National Electricity (Queensland) Law
sch.2-sec.38Indictable offences and summary offences
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sch.2-sec.38 Indictable offences and summary offences
An offence against this Law that is not punishable by imprisonment is punishable summarily. An offence against this Law that is punishable by imprisonment is, subject to subclause (3), punishable on indictment. If— a proceeding for an offence against this Law that is punishable by imprisonment is instituted in a court of summary jurisdiction; and the prosecutor requests the court to hear and determine the proceeding, the offence is punishable summarily and the court must hear and determine the proceeding. A court of summary jurisdiction must not— impose, in relation to a single offence against this Law, a period of imprisonment of more than two years; or impose, in relation to offences against the Law, cumulative periods of imprisonment that are, in total, more than five years. Nothing in this clause renders a person liable to be punished more than once in relation to the same offence. (sch.2-sec.38-ssec.1) An offence against this Law that is not punishable by imprisonment is punishable summarily. (sch.2-sec.38-ssec.2) An offence against this Law that is punishable by imprisonment is, subject to subclause (3), punishable on indictment. (sch.2-sec.38-ssec.3) If— a proceeding for an offence against this Law that is punishable by imprisonment is instituted in a court of summary jurisdiction; and the prosecutor requests the court to hear and determine the proceeding, the offence is punishable summarily and the court must hear and determine the proceeding. (sch.2-sec.38-ssec.4) A court of summary jurisdiction must not— impose, in relation to a single offence against this Law, a period of imprisonment of more than two years; or impose, in relation to offences against the Law, cumulative periods of imprisonment that are, in total, more than five years. (sch.2-sec.38-ssec.5) Nothing in this clause renders a person liable to be punished more than once in relation to the same offence.
- (a) a proceeding for an offence against this Law that is punishable by imprisonment is instituted in a court of summary jurisdiction; and
- (b) the prosecutor requests the court to hear and determine the proceeding,
- (a) impose, in relation to a single offence against this Law, a period of imprisonment of more than two years; or
- (b) impose, in relation to offences against the Law, cumulative periods of imprisonment that are, in total, more than five years.