Queensland Consolidated Acts
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INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 - SECT 243
Proceedings for indictable offences
243 Proceedings for indictable offences
(1) A proceeding for an indictable offence against this Act may be taken, at
the election of the prosecution— (a) by way of summary proceedings under the
Justices Act 1886 ; or
(b) on indictment.
(2) A magistrate must not hear an
indictable offence summarily if— (a) the defendant asks at the start of the
hearing that the charge be prosecuted on indictment; or
(b) the magistrate
considers the charge should be prosecuted on indictment.
(3) If subsection
(2) applies— (a) the magistrate must proceed by way of an examination of
witnesses for an indictable offence; and
(b) a plea of the person charged at
the start of the proceedings must be disregarded; and
(c) evidence brought in
the proceedings before the magistrate decided to act under subsection (2) is
taken to be evidence in the proceeding for the committal of the person for
trial or sentence; and
(d) before committing the person for trial or
sentence, the magistrate must make a statement to the person as required by
the Justices Act 1886 , section 104 (2) (b) .
(4) The maximum penalty that
may be summarily imposed for an indictable offence is 165 penalty units.
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