132Prosecution of offences

#### 132 Prosecution of offences 132 Prosecution of offences > > (1) In this section— > > > > > (a) a reference to an offence against this Act shall be read as including a reference to an offence against the Regulations, and > > > > > (b) a reference to a prescribed offence shall be read as a reference to an offence against this Act the maximum monetary penalty in respect of which exceeds 50 penalty units, with or without a penalty of imprisonment. > > > (2) Except as provided by subsections (3) and (3A), prescribed offences are punishable on indictment. > > > (3) A court of summary jurisdiction may hear and determine proceedings for a prescribed offence (other than an offence under section 120) summarily if the court is satisfied that it is appropriate to do so and the defendant and the prosecutor consent. > > > (3A) Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 120. > > > (4) Where, in accordance with subsection (3) or (3A), a court of summary jurisdiction convicts a person of a prescribed offence, the penalty that the court may impose in respect of the offence is— > > > > > (a) where the penalty in respect of the offence includes a term of imprisonment—a fine not exceeding 50 penalty units or imprisonment for a period not exceeding 2 years, or both, or > > > > > (b) where the penalty in respect of the offence does not include a term of imprisonment—a fine not exceeding 50 penalty units or the maximum penalty provided by this Act or the Regulations in respect of the offence, whichever is the less. > > > (5) An offence against this Act, other than a prescribed offence, is punishable summarily. > > **s 132:** Am 1992 No 112, Sch 1; 1995 No 22, Sch 2; 1999 No 94, Sch 4.47; 2001 No 121, Sch 2.165 \[2\].