sec.494Limitation on who may summarily hear indictable offence proceedings

### sec.494 Limitation on who may summarily hear indictable offence proceedings A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of a person; or for an examination of witnesses in relation to the charge. However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 . The maximum penalty that may be imposed on a summary conviction of an indictable offence is as follows— to the extent the penalty imposed is a number of penalty units—500 penalty units; to the extent the penalty imposed is imprisonment—1 year’s imprisonment. (sec.494-ssec.1) A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of a person; or for an examination of witnesses in relation to the charge. (sec.494-ssec.2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 . (sec.494-ssec.3) The maximum penalty that may be imposed on a summary conviction of an indictable offence is as follows— to the extent the penalty imposed is a number of penalty units—500 penalty units; to the extent the penalty imposed is imprisonment—1 year’s imprisonment. - (a) for the summary conviction of a person; or - (b) for an examination of witnesses in relation to the charge. - (a) to the extent the penalty imposed is a number of penalty units—500 penalty units; - (b) to the extent the penalty imposed is imprisonment—1 year’s imprisonment.