25Proceedings for offences

25 Proceedings for offences

25 Proceedings for offences

(1) Proceedings for an offence against this Act or the regulations are to be disposed of summarily—

(a) by the Local Court, or

(b) by the Land and Environment Court in its summary jurisdiction.

(2) Proceedings may be taken and prosecuted only by the Authority or a person acting with the authority of the Authority.

(3) The maximum pecuniary penalty that may be imposed by the Local Court in proceedings for an offence against this Act or the regulations is 1,000 penalty units.

(4) In proceedings for an offence, an authority to prosecute purporting to have been signed by the CEO of the Authority is evidence of that authority without proof of the signature of the Authority.

(5) Proceedings for an offence against this Act or the regulations may be commenced within 2 years after the date on which—

(a) the offence is alleged to have been committed, or

(b) evidence of the alleged offence first came to the attention of an authorised officer.

(6) If subsection (5) (b) is relied on for the purpose of commencing proceedings—

(a) the court attendance notice 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, and

(b) unless the contrary is established, that specified date is taken to be the date on which evidence first came to the attention of an authorised officer.

(7) This section applies despite anything in the Criminal Procedure Act 1986 or any other Act.

(8) In this section—

evidence of an offence means evidence of any act or omission constituting the offence.

s 25: Am 1991 No 60, Sch 3; 1999 No 31, Sch 1.38; 2003 No 82, Sch 2.25; 2007 No 94, Sch 2; 2010 No 91, Sch 1 [10]; 2011 No 63, Sch 3.6 [2]; 2013 No 47, Sch 1.23 [1] [2]; 2017 No 21, Sch 4 [2]–[5]; 2022 No 3, Sch 7[6]; 2023 No 30, Sch 1[22].