Local Court Bench Book — Specific Penalties and Orders

This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 127: Proceedings for an offence against the Act or the regulations are to be disposed of summarily before the Local Court.

Note:

The Fines Amendment Act 2016 (No 13) (commenced 1 June 2016) addresses the position where a fine is paid before an offence nomination is made either by or for the nominated person or in any other case (ss 23AA, 23AB), This provides a discretion in an “appropriate officer” to reverse the recording of demerit points against a person to whom the original notice was issued and in some circumstances the repayment of the fine. This modifies the former approach where the payment of a fine was effectively treated as a plea of guilty by the person to whom the original notice was issued. It is not clear whether it is contemplated that a refusal to exercise this discretion can be subject to appeal or review in the Local Court.