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CASINO CONTROL ACT 1982 - SECT 120
Proceedings for offences
120 Proceedings for offences
(1) Subject to subsections (3) , (4) and (5) , offences against this Act may
be prosecuted in a summary way under the Justices Act 1886 .
(2) A
prosecution for an offence against this Act may be commenced within 1 year
from the time when the matter of complaint arose or within 6 months after the
matter of complaint comes to the knowledge of the complainant, whichever is
the period later to expire.
(3) Offences against sections 103 , 109 , 110 and
111 may be prosecuted in a summary way under the Justices Act 1886 or upon
indictment.
(3A) A person against whom proceedings are taken summarily under
this section for an offence against section 103 to which paragraph (b) of the
penalty for that section would otherwise apply is liable on conviction to a
penalty of not more than 300 penalty units or 3 years imprisonment.
(4) Where
proceedings for an offence against section 103 , 109 , 110 or 111 are taken
with a view to summary conviction of the defendant, the court, if it forms the
opinion that the matter should not be determined summarily or if the defendant
requires that the matter be dealt with upon indictment, shall abstain from
determining the matter summarily and shall instead deal with the proceedings
as proceedings with a view to the committal of the defendant for trial or
sentence, as the case may be, and may exercise in respect of the defendant for
the purpose of such proceedings all the powers conferred on it by law as
though the proceedings were proceedings with a view to committal in the first
instance.
(5) Where the court abstains from determining a matter summarily
pursuant to subsection (4) , a plea of the defendant, if taken at the outset
of the summary proceedings, shall be disregarded and, before committing the
defendant for trial or for sentence, it shall address the defendant in
accordance with the provisions of the Justices Act 1886 , section 104 .
(6) A
conviction upon indictment for an offence against section 103 , 109 , 110 or
111 shall be and have effect in law as a conviction for an indictable offence.
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