Commonwealth Numbered Acts

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Insurance (Agents and Brokers) Act 1984 No. 75 of 1984 - SECT 46

Prosecutions

46. (1) An offence against this Act that is committed by a natural person and
the maximum punishment for which is a pecuniary penalty exceeding $2,000 or a
period of imprisonment exceeding one year, or both, is an indictable offence.

(2) An offence against this Act that is committed by a corporation and the
maximum punishment for which is a pecuniary penalty exceeding $5,000 is an
indictable offence.

(3) Notwithstanding that an offence against this Act is an indictable offence,
a court of summary jurisdiction may hear and determine proceedings in respect
of such an offence if the court is satisfied that it is proper to do so and
the defendant and the prosecutor consent.

(4) Where, in accordance with sub-section (3), a court of summary jurisdiction
convicts a person of an offence against this Act, the penalty that the court
may impose is-

   (a)  in the case of a natural person-a fine not exceeding $1,000 or
        imprisonment for a period not exceeding 6 months, or both; or

   (b)  in the case of a corporation-a fine not exceeding $10,000.

(5) An offence against this Act, other than an offence that by virtue of
sub-section (1) or (2) is an indictable offence, may be prosecuted summarily. 


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