Queensland Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (QUEENSLAND) - SECT 707

707 Proceeding for indictable offences

(1) The prosecution may bring a proceeding for an indictable offence—

(a) on indictment; or

(b) in a summary way.

(2) However, a court of summary jurisdiction must not hear and decide an indictable offence in a summary way if—

(a) at the start of the hearing, the defendant asks for the charge to be prosecuted on indictment; or

(b) the court is satisfied—

(i) after hearing submissions from the prosecution and defence at any stage of the hearing, that the defendant, if convicted, may not be adequately punished for the particular offence on a summary conviction; or

(ii) on an application made by the defence, that the charge should not be heard and decided in a summary way because of exceptional circumstances.

(3) If the court decides that the offence be prosecuted on indictment—

(a) the court must conduct the proceeding as a committal proceeding; and

(b) any evidence given in the proceeding, before the court decided that the offence be prosecuted on indictment, is taken to be evidence in the committal proceeding; and

(c) the court must disregard any plea that the defendant made at the start of the proceeding.

(3A) A complaint for a fatigue management offence may be heard at a place appointed for holding Magistrates Courts within the district within which the defendant was required to produce the defendant’s work diary under section 568 .

Editor’s note—

This subsection is an additional Queensland provision.

(3B) Subsection (3A) has effect despite, but does not limit, the Justices Act 1886 , section 139 .

Editor’s note—

This subsection is an additional Queensland provision.

"fatigue management offence" means an offence against any of the following provisions—

(a) section 250 ;

(b) section 251 ;

(c) section 254 ;

(d) section 256 ;

(e) section 258 ;

(f) part 6.4 .

Editor’s note—

This definition is an additional Queensland provision.