Crimes Legislation Enhancement Act 2003 (41 of 2003)

Schedule 1   Amendment of the Crimes Act 1914

Part 3   Dealing summarily with some indictable offences

6   After section 4J

Insert:

4JA Some indictable offences punishable by fine only may be dealt with summarily

(1) A court of summary jurisdiction may hear and determine an indictable offence if:

(a) the offence is not punishable by imprisonment; and

(b) the pecuniary penalty for the offence is not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate; and

(c) the defendant and prosecution consent.

(2) If the defendant is convicted, the court may impose a pecuniary penalty of:

(a) not more than 60 penalty units for an individual or 300 penalty units for a body corporate if the offence would be punishable on indictment by a pecuniary penalty of not more than 300 penalty units for an individual or 1,500 penalty units for a body corporate; or

(b) not more than 120 penalty units for an individual or 600 penalty units for a body corporate if the offence would be punishable on indictment by a pecuniary penalty of not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate.

However, the court may not impose a pecuniary penalty greater than the penalty that could have been imposed if the offence had been prosecuted on indictment.

(3) This section has effect subject to any contrary intention indicated by the law creating the offence.

(4) Without limiting subsection (3), this section does not apply to an indictable offence:

(a) created by a law that provides that the offence may be heard and determined by a court of summary jurisdiction; or

(b) described in subsection 4J(4) (about offences relating to property valued at $5,000 or less).