sec.161Proceedings for an offence

### sec.161 Proceedings for an offence Subject to subsections (2) and (3) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following— 1 year after the offence is committed; 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. A proceeding for an indictable offence punishable by more than 10 years imprisonment may only be taken on indictment. A proceeding for an indictable offence, other than an indictable offence punishable by more than 10 years imprisonment, may, at the election of the prosecution, be taken— by way of summary proceedings under subsection (1) ; or on indictment. However, an offence against section 50B , 56A or 65 may not be by way of summary proceedings under subsection (1) if the person is alleged to have committed the offence with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q . A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of the person; or for an examination of witnesses in relation to the charge. 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 as defined under the Justices of the Peace and Commissioners for Declarations Act 1991 . If the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment, the magistrate— must not decide the charge as a summary offence; and must proceed by way of a committal proceeding. If a magistrate acts under subsection (6) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) . The maximum penalty that may be imposed on a summary conviction of an indictable offence is 150 penalty units or 3 years imprisonment. In this section— indictable offence means an offence against this Act for which the maximum penalty of imprisonment is more than 2 years. s 161 amd 1996 No. 41 s 28 sub 2003 No. 37 s 73 amd 2016 No. 62 s 485 ; 2026 No. 4 s 108 (sec.161-ssec.1) Subject to subsections (2) and (3) , a proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 within the later of the following— 1 year after the offence is committed; 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. (sec.161-ssec.2) A proceeding for an indictable offence punishable by more than 10 years imprisonment may only be taken on indictment. (sec.161-ssec.3) A proceeding for an indictable offence, other than an indictable offence punishable by more than 10 years imprisonment, may, at the election of the prosecution, be taken— by way of summary proceedings under subsection (1) ; or on indictment. (sec.161-ssec.3A) However, an offence against section 50B , 56A or 65 may not be by way of summary proceedings under subsection (1) if the person is alleged to have committed the offence with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q . (sec.161-ssec.4) A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding— for the summary conviction of the person; or for an examination of witnesses in relation to the charge. (sec.161-ssec.5) 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 as defined under the Justices of the Peace and Commissioners for Declarations Act 1991 . (sec.161-ssec.6) If the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment, the magistrate— must not decide the charge as a summary offence; and must proceed by way of a committal proceeding. (sec.161-ssec.7) If a magistrate acts under subsection (6) — any plea of the person charged, made at the start of the proceeding, must be disregarded; and any evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) . (sec.161-ssec.8) The maximum penalty that may be imposed on a summary conviction of an indictable offence is 150 penalty units or 3 years imprisonment. (sec.161-ssec.9) In this section— indictable offence means an offence against this Act for which the maximum penalty of imprisonment is more than 2 years. - (a) 1 year after the offence is committed; - (b) 1 year after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. - (a) by way of summary proceedings under subsection (1) ; or - (b) on indictment. - (a) for the summary conviction of the person; or - (b) for an examination of witnesses in relation to the charge. - (a) must not decide the charge as a summary offence; and - (b) must proceed by way of a committal proceeding. - (a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and - (b) any evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and - (c) before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .