51Proceedings for offences

#### 51 Proceedings for offences 51 Proceedings for offences > > (1) Except as provided by subsection (2), proceedings for an offence under this Act are to be dealt with summarily before the Local Court. > > > (2) A second or subsequent offence under section 9, 11, 15, 19 (1), 31, 32, 33, 35 or 36 is to be prosecuted on indictment. However, 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 any such second or subsequent offence. > > > (3) If proceedings for an offence under this Act are dealt with summarily before the Local Court, the maximum penalty that may be imposed is 100 penalty units or imprisonment for 2 years (or both), or the maximum penalty provided for the offence, whichever is the lesser. > > > (4) Proceedings for an offence under this Act may be commenced— > > > > > (a) in the case of an offence referred to in subsection (2)—at any time within 2 years after the date on which the offence is alleged to have been committed, or > > > > > (b) in the case of any other offence—within 6 months after the date on which the offence is alleged to have been committed. > > **s 51:** Am 1999 No 85, Sch 1.28 \[2\]; 1999 No 94, Sch 4.59; 2001 No 121, Sch 2.198 \[1\] \[2\]; 2007 No 94, Sch 2.