64Proceedings for offences

#### 64 Proceedings for offences 64 Proceedings for offences > > (1) Proceedings for an offence under this Act or the regulations are to be dealt with— > > > > > (a) summarily before the Local Court, or > > > > > (b) summarily before the Land and Environment Court. > > > (2) If the proceedings are brought before the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 100 penalty units, despite any higher maximum monetary penalty provided in respect of the offence. > > > (3) Proceedings for an offence under this Act or the regulations may only be brought by or with the approval of the Minister. > > > (4) Proceedings for an offence under this Act or the regulations may be brought at any time within 2 years after the act or omission alleged to constitute the offence, despite any Act to the contrary. > > > (5) However, proceedings for any such offence may also be commenced within, but not later than, 2 years after the date on which evidence of the alleged offence first came to the attention of an authorised officer. > > > (6) If subsection (5) is relied on for the purpose of commencing proceedings for an offence, the process commencing the proceedings must contain particulars of the date on which evidence of the offence first came to the attention of an authorised officer and need not contain particulars of the date on which the offence was committed. The date on which evidence first came to the attention of an authorised officer is the date specified in the process commencing the proceedings, unless the contrary is established. > > **s 64:** Am 2007 No 94, Schs 2, 4; 2010 No 90, Sch 1 \[31\].