Provisions in respect of offences
133 Provisions in respect of offences
In this section—
prescribed offence means an offence against this Act in respect of which the penalty may include a term of imprisonment.
Prescribed offences are misdemeanours within the meaning of the Criminal Code and the provisions of that code apply in relation to those offences and in relation to attempts to commit any of those offences.
Unless a contrary intention appears, offences against this Act, other than prescribed offences, are simple offences.
A person who attempts to commit an offence against this Act that is a simple offence is guilty of a simple offence and is punishable as if the person had committed the offence.
When a person is charged before justices with a prescribed offence and it appears to the justices that the nature of the offence is such that the offender may be adequately punished upon summary conviction the justices may deal with the charge summarily if the person charged and the prosecutor consent to their so doing.
However—
a court of summary jurisdiction shall have jurisdiction to deal summarily with a charge of a prescribed offence under this subsection notwithstanding that more than 1 year has elapsed from the time the matter of complaint to which the charge relates arose;
the maximum penalty that a court of summary jurisdiction may impose in relation to an offence for which the person charged is dealt with summarily under this subsection is 135 penalty units or 2 years imprisonment.
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