(1) 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 a person; or
(b) for an examination of witnesses in relation to the charge.
(2) However, 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.
(3) The maximum penalty that may be imposed on a summary conviction of an indictable offence is as follows--
(a) to the extent the penalty imposed is a number of penalty units--500 penalty units;
(b) to the extent the penalty imposed is imprisonment--1 year's imprisonment.