Queensland Consolidated Acts

ABORIGINAL CULTURAL HERITAGE ACT 2003 - SECT 156

156 Proceedings for an offence

(1) A proceeding for an offence against this Act, other than an indictable offence, must be taken in a summary way under the Justices Act 1886 within—

(a) 1 year after the offence is committed; or

(b) 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

(2) A proceeding for an offence against this Act that is an indictable offence may be taken, at the prosecution’s election—

(a) by way of summary proceedings under the Justices Act 1886 ; or

(b) on indictment.

(3) A proceeding against a person for an indictable offence must be before a magistrate if it is a proceeding—

(a) for the summary conviction of the person; or

(b) for an examination of witnesses in relation to the charge.

(4) If a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 .

(5) If—

(a) a person charged with an indictable offence asks at the start of a summary proceeding for the offence that the charge be prosecuted on indictment; or

(b) the magistrate hearing a charge of an indictable offence considers the charge should be prosecuted on indictment;

the magistrate—

(c) must not decide the charge as a summary offence; and

(d) must proceed by way of a committal proceeding.

(6) If a magistrate acts under subsection (5) —

(a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and

(b) any evidence brought in the proceeding before the magistrate decided to act under subsection (5) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and

(c) before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .

(7) The maximum penalty that may be imposed on a summary conviction of an individual of an indictable offence is as follows—

(a) to the extent the penalty imposed is a number of penalty units—200 penalty units;

(b) to the extent the penalty imposed is imprisonment—1 year’s imprisonment.

(8) The maximum penalty that may be imposed on a summary conviction of a corporation of an indictable offence is 2,000 penalty units.

(9) An indictable offence under this Act is a misdemeanour.

(10) In this section—

"indictable offence" means an offence against this Act for which the maximum penalty for an individual is—

(a) 1,000 or more penalty units; or

(b) at least 2 years imprisonment, whether or not the penalty also includes a number of penalty units.