New South Wales Consolidated Acts

PROPERTY AND STOCK AGENTS ACT 2002 - SECT 215

215 Proceedings for offences

(1) Proceedings for an offence under this Act or the regulations may be taken and prosecuted only by the Secretary or, in the name of the Secretary, by a person acting with the authority of the Secretary.

(2) Proceedings for an offence under this Act or the regulations (other than proceedings for an indictable offence) may be dealt with--

(a) summarily before the Local Court, or

(b) summarily before the Supreme Court in its summary jurisdiction.

(3) If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 100 penalty units or such other amount as may be prescribed by the regulations, despite any higher maximum monetary penalty provided in respect of the offence.

(4) Despite any proceedings against a person for an offence against this Act or the regulations (whether resulting in a conviction or otherwise) the person remains liable to civil proceedings in the same manner as if the proceedings for an offence had not been taken.