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 156(2): Proceedings for an offence under the Act or regulations may be dealt with summarily before the Local Court or before the Supreme Court in its summary jurisdiction.

Section 156(3): The maximum monetary penalty that the Local Court may impose in respect of the offence is 100 pu or the maximum monetary penalty provided by this Act or the regulations in respect of the offence, whichever is the lesser.

Time for commencement

Section 156(4), (5): Proceedings for an offence against the Act or regulations must be commenced not later than 1 year after the time when the offence is alleged to have been committed. In the case of an offence under Div 1 Pt 2 or ss  52, 53 or 54 may be commenced at any time within 3 years after the time when the offence is alleged to have been committed.

Additional orders after findings of guilt

Section 157: Following a finding of guilt, the court may:

Liability of directors

Section 159, 160: The maximum penalty for an “executive liability offence” (which is an offence under ss 12, 15(1), 16(1)) or a “corporate offence” is the same maximum penalty as if committed by an individual.

Rescission orders

Sections 116, 117, 118: Local Courts may make a “rescission order” in relation to the sale of a motor vehicle if the cash price does not exceed the jurisdictional limit of the court sitting in its General Division: s 116. The grounds for such an order are set out in s 117(3). Section 118 provides that if a motor dealer is found guilty of an offence under Pt 4 (Obligations relating to the sale, recycling and repair of motor vehicles) a rescission order may be made in addition to any other penalty imposed.