New South Wales Consolidated Acts

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2009 - SECT 36

36 Proceedings for offences

(1) Except as provided by subsection (2), proceedings for an offence under this Act are to be dealt with summarily before a Local Court.

(2) A second or subsequent offence under section 26 (Association between members of declared organisations subject to interim control order or control order) or an offence under section 26 (1A) is to be prosecuted on indictment.

(3) If proceedings for an offence under this Act are dealt with summarily before a Local Court, the maximum penalty that may be imposed is 100 penalty units or imprisonment for 2 years (or both), or the maximum penalty provided for the offence, whichever is the lesser.