Crimes Act 1914

Part IA - General  

SECTION 4J   Certain indictable offences may be dealt with summarily  

(1)    
Subject to subsection (2) , an indictable offence (other than an offence referred to in subsection (4) ) against a law of the Commonwealth, being an offence punishable by imprisonment for a period not exceeding 10 years, may, unless the contrary intention appears, be heard and determined, with the consent of the prosecutor and the defendant, by a court of summary jurisdiction.

(2)    
Subsection (1) does not apply in relation to an indictable offence where, under a law of the Commonwealth other than this Act, that offence may be heard and determined by a court of summary jurisdiction.

(3)    
Subject to subsection (6) , where an offence is dealt with by a court of summary jurisdiction under subsection (1) , the court may impose:

(a)    where the offence is punishable by imprisonment for a period not exceeding 5 years - a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both; or

(b)    where the offence is punishable by imprisonment for a period exceeding 5 years but not exceeding 10 years - a sentence of imprisonment for a period not exceeding 2 years or a fine not exceeding 120 penalty units, or both.

(4)    

A court of summary jurisdiction may, if it thinks fit, upon the request of the prosecutor, hear and determine any proceeding in respect of an indictable offence against a law of the Commonwealth if the offence relates to property whose value does not exceed $5,000.

(5)    
Subject to subsection (6) , where an offence is dealt with by a court of summary jurisdiction under subsection (4) , the court may impose a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both.

(6)    
A court of summary jurisdiction shall not impose under subsection (3) or (5) :

(a)    a sentence of imprisonment for a period exceeding the maximum period that could have been imposed had the offence been tried on indictment;

(b)    a fine exceeding the maximum fine that could have been imposed had the offence been so tried; or

(c)    both a sentence of imprisonment and a fine if the offence is punishable on trial on indictment by a sentence of imprisonment or a fine, but not both.

(7)    

This section does not apply to an offence against:

(a)    

(Repealed by No 67 of 2018)

(b)    

Division 80 (other than Subdivision CA ) of the Criminal Code (treason, urging violence and advocating terrorism or genocide); or

(c)    Division 82 of the Criminal Code (sabotage); or

(d)    Division 91 of the Criminal Code (espionage); or.

(e)    Division 92 of the Criminal Code (foreign interference).