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s 20

Proceedings for offences

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Part 3Application of Commonwealth Corporations legislation to State matters

20 Proceedings for offences

(1)

Proceedings for an offence against an applied law may be dealt with as an offence against a law of the State.

(2)

For the purposes of an offence against an applied law —

(a)

the amount of a penalty unit specified in relation to that offence by the applied law, or a provision taken by force of section 19(1) to apply to the matter that is the subject of the declaratory provision, is $100; and

(b)

the laws of the State apply in relation to that offence as if the applied law, or a provision taken by force of section 19(1) to apply to the matter that is the subject of the declaratory provision, were a law or laws of the State.

(3)

Without limiting subsection (2)(b), the laws of the State referred to in that subsection as applying in relation to an offence include laws with respect to —

(a)

the investigation and prosecution of offences; and

(b)

the arrest, custody, bail, trial, finding of guilt and conviction of persons charged with offences; and

(c)

proceedings relating to a matter referred to in paragraph (a) or (b); and

(d)

the classification of offences as indictable or simple or indictable triable summarily; and

(e)

appeals and reviews relating to criminal proceedings and to proceedings of the kind referred to in paragraph (c); and

(f)

the sentencing, punishment and release of persons found guilty or convicted of offences; and

(g)

fines, penalties and forfeitures; and

(h)

confiscation of property.

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