46Indictable offences

#### 46 Indictable offences (1) An offence against subsection 9(3), 9(3A) or 14(2) is an indictable offence. (2) An offence against section 43 is punishable on summary conviction. (3) Notwithstanding that an offence referred to in subsection (1) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of the offence if the court is satisfied that it is proper to do so and the defendant and the prosecutor consent. (4) If, in accordance with subsection (3), a court of summary jurisdiction convicts a person of an offence referred to in subsection (1), the penalty that the court may impose is: (a) if the person is an individual—a fine not exceeding 50 penalty units or imprisonment for a period not exceeding 2 years, or both; or (b) if the person is a body corporate—a fine not exceeding 200 penalty units.