CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 259
Proceedings for offences
CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 259
Proceedings for offences
259 Proceedings for offences
(1) Proceedings for an offence against this Act
or the regulations may be dealt with summarily before the Local Court, except
as provided by subsection (2), or before the Supreme Court in its summary
jurisdiction.
(2) Chapter 5 of the Criminal Procedure Act 1986 (which
relates to the summary disposal of certain indictable offences unless an
election is made to proceed on indictment) applies to and in respect of an
offence under section 105(2) (Publication of names and identifying
information) or 175(1) (Special medical treatment).
(3) If proceedings for an
offence against this Act or the regulations are taken before the Local Court,
the maximum monetary penalty the Local Court may impose is, despite any
provision of this Act to the contrary, 200 penalty units or the maximum
monetary penalty provided by this Act for the offence, whichever amount is the
smaller.
(4) If proceedings for an offence against this Act or the
regulations are taken before the Supreme Court, the Supreme Court may impose a
penalty not exceeding the maximum penalty provided by this Act or the
regulations for the offence.
