New South Wales Consolidated Acts

PUBLIC HEALTH ACT 2010 - SECT 117

117 Proceedings for offences

(1) Subject to this section, proceedings for an offence under a provision of this Act or the regulations may be disposed of in a summary manner before the Local Court or before the Supreme Court in its summary jurisdiction.

(2) Subject to subsection (3), proceedings for an offence under such a provision may be commenced at any time within 12 months after the offence was allegedly committed.

(3) Proceedings for an offence under a provision of Division 5 of Part 3 or section 83 or 84 may be commenced at any time within 2 years after the date on which the offence was allegedly committed.

(3A) An offence under section 102(3) may be prosecuted on indictment.

(3B) 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 an offence under section 102(3).

(4) The maximum monetary penalty that may be imposed by the Local Court for an offence under a provision referred to in subsection (1) is 100 penalty units or the maximum monetary penalty elsewhere provided in the provision concerned, whichever is the lesser.