New South Wales Consolidated Acts

DESIGN AND BUILDING PRACTITIONERS ACT 2020 - SECT 93

93 Proceedings for offences

(1) Proceedings for an offence against this Act may be taken before the Local Court or before the Land and Environment Court in its summary jurisdiction.

(2) Proceedings for an offence against the regulations may be taken before the Local Court.

(3) If proceedings in respect of an offence against this Act are brought in the Local Court, the maximum monetary penalty the Court may impose in respect of the offence is, despite any other provisions of this Act, 1,000 penalty units or the maximum monetary penalty provided by this Act in respect of the offence, whichever is the lesser.

(4) If proceedings in respect of an offence against this Act are brought in the Land and Environment Court in its summary jurisdiction, the Court may impose a penalty not exceeding the maximum penalty provided by this Act in respect of the offence.

(5) Despite the Criminal Procedure Act 1986 or any other Act, proceedings for an offence against this Act or the regulations may be commenced not later than--

(a) 3 years after the date alleged to be the date on which the offence was committed, or

(b) after the end of that period, with the leave of the court, if the proceedings are commenced not later than 2 years after the date on which evidence of an act or omission constituting the alleged offence first came to the attention of an authorised officer.

(6) If subsection (5)(b) is relied on, the court attendance notice or summons commencing proceedings must contain particulars of the date on which evidence of an act or omission constituting the alleged offence first came to the attention of the authorised officer and need not contain particulars of the date on which the offence was committed.

(7) The date on which evidence first came to the attention of an authorised officer is the date specified in the court attendance notice or application, unless the contrary is established.