Penalties and Sentences Act 1992

A Magistrates Court must abstain from dealing summarily with a charge under section 161ZO if satisfied, at any stage, and after hearing any submissions by the prosecutor and the defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.

If the court abstains from jurisdiction, the proceeding for the charge must be conducted as a committal proceeding.