New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 185

185 Proceedings for offences

(1) Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.

(2) Proceedings for an offence against this Act or the regulations may instead be dealt with summarily before the Supreme Court in its summary jurisdiction.

(3) Proceedings for an offence against this Act or the regulations may be instituted at any time within 2 years after the commission of the offence.

(3A) Proceedings for an offence under Schedule 4A or a regulation made under Schedule 4A may be commenced at any time within 2 years after the date on which evidence of the alleged offence first came to the attention of the Scheme Administrator or the Scheme Regulator.

(3B) If subsection (3A) is relied on for the purpose of commencing proceedings for an offence, the court attendance notice or application must contain particulars of the date on which evidence of the offence first came to the attention of the Scheme Administrator or Scheme Regulator and need not contain particulars of the date on which the offence was committed.

(3C) The date on which evidence first came to the attention of the Scheme Administrator or Scheme Regulator is the date specified in the court attendance notice or application, unless the contrary is established.

(4) The maximum monetary penalty that may be imposed by the Local Court in proceedings for an offence against this Act or the regulations is 100 penalty units (in the case of a corporation) and 50 penalty units (in any other case).

(5) The maximum penalty that may be imposed by the Supreme Court in proceedings for an offence against this Act or the regulations is the maximum penalty specified by the relevant section of this Act, or relevant clause of the regulations, in respect of the offence.