189Proceedings for offences

#### 189 Proceedings for offences 189 Proceedings for offences > > (1) Proceedings for an offence under this Act or the regulations may be dealt with— > > > > > (a) summarily before the Local Court, or > > > > > (b) summarily before the Land and Environment Court. > > > (1AA), (1BB) (Repealed) > > > (1A) The maximum pecuniary penalty that the Local Court may impose in respect of an offence against this Act or the regulations is 200 penalty units (including any daily penalty, any additional penalty as provided by section 98, 99, 118 or 118A or any further penalty for a second or subsequent offence) or the maximum penalty provided by this Act or the regulations in respect of the offence, whichever is the lesser. > > > (1B) (Repealed) > > > (2) Where the penalty is a daily penalty it may be recovered either under a separate court attendance notice, summons or application for each day or under a court attendance notice, summons or application for the sum of the daily penalties. > > > (3) Where any person is convicted of an offence against this Act or the regulations and the Judge before whom the person was convicted makes an order under the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) for the payment by the defendant of costs, those costs shall be paid into the Fund. > > **s 189 (previously s 176):** Am 1983 No 183, Sch 4 (12); 1986 No 133, Sch 1 (8); 1986 No 218, Sch 28, Part 1 (8); 1987 No 48, Sch 31; 1988 No 92, Sch 26; 1989 No 84, Sch 1 (16); 1991 No 66, Sch 1 (13); 1995 No 101, Sch 4 \[125\] \[126\]; 1996 No 121, Sch 1.12 \[6\]; 2001 No 121, Sch 2.155 \[1\]–\[3\]; 2001 No 130, Sch 3 \[44\] \[45\]; 2003 No 82, Sch 2.19; 2007 No 94, Sch 2; 2010 No 38, Sch 1 \[98\]–\[100\]. Renumbered 2010 No 38, Sch 1 \[101\]. Am 2025 No 61, Sch 2.68.