sec.82Proceedings for offences

### sec.82 Proceedings for offences A proceeding for an offence against section 56 (Prohibited acts) may be taken— by way of summary proceedings under the Justices Act 1886 ; or on indictment; at the election of the prosecution. An offence against section 56 is a misdemeanour. Any other offence against this Act is punishable summarily. Subject to subsection (4) , a proceeding— with a view to the summary conviction of a person on a charge of an offence against section 56 ; or for an examination of witnesses in relation to such a charge; must be before a magistrate. If a proceeding for an offence against section 56 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 . A proceeding for an offence by way of summary proceeding under the Justices Act 1886 must start within 1 year after— the commission of the offence; or the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence; whichever is the later. If— a person charged with an offence against section 56 , in respect of which a proceeding is taken by way of summary proceeding, requests, at the start of the proceeding, that the charge be prosecuted on indictment; or the magistrate hearing and determining a charge of an offence against section 56 is of the opinion that the charge ought to be prosecuted on indictment; the magistrate— must not hear and determine the charge summarily; and must proceed by way of an examination of witnesses in relation to an indictable offence. If a magistrate acts under subsection (6) — any plea of the person charged 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 with a view to 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 in accordance with section 104 (2) (b) of the Justices Act 1886 . The maximum penalty that may be imposed for a summary conviction of an offence against section 56 is 165 penalty units or 1 year’s imprisonment. s 82 amd 2003 No. 96 s 28 sch (sec.82-ssec.1) A proceeding for an offence against section 56 (Prohibited acts) may be taken— by way of summary proceedings under the Justices Act 1886 ; or on indictment; at the election of the prosecution. (sec.82-ssec.1A) An offence against section 56 is a misdemeanour. (sec.82-ssec.2) Any other offence against this Act is punishable summarily. (sec.82-ssec.3) Subject to subsection (4) , a proceeding— with a view to the summary conviction of a person on a charge of an offence against section 56 ; or for an examination of witnesses in relation to such a charge; must be before a magistrate. (sec.82-ssec.4) If a proceeding for an offence against section 56 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.82-ssec.5) A proceeding for an offence by way of summary proceeding under the Justices Act 1886 must start within 1 year after— the commission of the offence; or the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence; whichever is the later. (sec.82-ssec.6) If— a person charged with an offence against section 56 , in respect of which a proceeding is taken by way of summary proceeding, requests, at the start of the proceeding, that the charge be prosecuted on indictment; or the magistrate hearing and determining a charge of an offence against section 56 is of the opinion that the charge ought to be prosecuted on indictment; the magistrate— must not hear and determine the charge summarily; and must proceed by way of an examination of witnesses in relation to an indictable offence. (sec.82-ssec.7) If a magistrate acts under subsection (6) — any plea of the person charged 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 with a view to 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 in accordance with section 104 (2) (b) of the Justices Act 1886 . (sec.82-ssec.8) The maximum penalty that may be imposed for a summary conviction of an offence against section 56 is 165 penalty units or 1 year’s imprisonment. - (a) by way of summary proceedings under the Justices Act 1886 ; or - (b) on indictment; - (a) with a view to the summary conviction of a person on a charge of an offence against section 56 ; or - (b) for an examination of witnesses in relation to such a charge; - (a) the commission of the offence; or - (b) the offence comes to the complainant’s knowledge, but not later than 2 years after the commission of the offence; - (a) a person charged with an offence against section 56 , in respect of which a proceeding is taken by way of summary proceeding, requests, at the start of the proceeding, that the charge be prosecuted on indictment; or - (b) the magistrate hearing and determining a charge of an offence against section 56 is of the opinion that the charge ought to be prosecuted on indictment; - (c) must not hear and determine the charge summarily; and - (d) must proceed by way of an examination of witnesses in relation to an indictable offence. - (a) any plea of the person charged 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 with a view to 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 in accordance with section 104 (2) (b) of the Justices Act 1886 .