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 54(1): Proceedings for an offence under this Act or the regulations are to be disposed of summarily before the Local Court or the Supreme Court sitting in its summary jurisdiction.

Section 54(2): If proceedings are brought before the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 1000 pu, despite any higher maximum provided in respect of the offence.

Continuing offences

Section 52(1): If a continuing state of affairs is created by an offence committed against ss 12(1), (2) or 13, the offender is liable to a penalty of not more than 50 pu in the case of an individual, or 200 pu in the case of a corporation, in respect of each day on which that offence continues, in addition to the penalty specified in that section in respect of the offence.

Section 52(2): If a continuing state of affairs is created by an offence committed against ss 16(1), (2), 17(1), 19, 20(1), (2) or 21(1), the offender is liable to a penalty of not more than 200 pu in the case of an individual, or 2,000 pu in the case of a corporation, in respect of each day on which that offence continues, in addition to the penalty specified in that section in respect of the offence.

Offences by corporations

Section 53: Each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the Act if the person knowingly authorised or permitted the contravention. A director of a corporation may be proceeded against and convicted regardless of whether the corporation has been proceeded against or convicted.

Time for commencement

Section 54(3): Proceedings before the Local Court must be commenced within 12 mths of the commission of the offence.

Note:

Where applicable, the maximum penalty for an offence dealt with on indictment is indicated in square brackets in the Penalty (Max) column.