New South Wales Consolidated Acts

PETROLEUM (OFFSHORE) ACT 1982 - SECT 132

132 Prosecution of offences

(1) In this section:

(a) a reference to an offence against this Act shall be read as including a reference to an offence against the Regulations, and

(b) a reference to a prescribed offence shall be read as a reference to an offence against this Act the maximum monetary penalty in respect of which exceeds 50 penalty units, with or without a penalty of imprisonment.

(2) Except as provided by subsections (3) and (3A), prescribed offences are punishable on indictment.

(3) A court of summary jurisdiction may hear and determine proceedings for a prescribed offence (other than an offence under section 120) summarily if the court is satisfied that it is appropriate to do so and the defendant and the prosecutor consent.

(3A) Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under section 120.

(4) Where, in accordance with subsection (3) or (3A), a court of summary jurisdiction convicts a person of a prescribed offence, the penalty that the court may impose in respect of the offence is:

(a) where the penalty in respect of the offence includes a term of imprisonment--a fine not exceeding 50 penalty units or imprisonment for a period not exceeding 2 years, or both, or

(b) where the penalty in respect of the offence does not include a term of imprisonment--a fine not exceeding 50 penalty units or the maximum penalty provided by this Act or the Regulations in respect of the offence, whichever is the less.

(5) An offence against this Act, other than a prescribed offence, is punishable summarily.