New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 267

267 Maximum penalties for Table 1 offences

(1) This section prescribes the maximum penalty that may be imposed for an indictable offence listed in Table 1 to Schedule 1 dealt with summarily under this Chapter in any case where the maximum penalty (when the offence is dealt with summarily) is not provided by law.

(2) The maximum term of imprisonment that the Local Court may impose for an offence is, subject to this section, 2 years or the maximum term of imprisonment provided by law for the offence, whichever is the shorter term.

(3) The maximum fine that the Local Court may impose for an offence is 100 penalty units or the maximum fine provided by law for the offence, whichever is the smaller fine.

(4) The maximum term of imprisonment that the Local Court may impose for the following offences is:

(a) for an offence under section 51A, 52A, 52AB or 52B of the Crimes Act 1900 -18 months,

(b) for an offence under section 53 or 54 of the Crimes Act 1900 -12 months.

(4A) The maximum penalty that the Local Court may impose for an offence under section 25 of the Oaths Act 1900 is imprisonment for 12 months, or a fine of 50 penalty units, or both.

(4B) The maximum penalty that the Local Court may impose for the offence of:

(a) attempting to commit an offence, or

(b) being an accessory before or after the fact in relation to an offence that is a felony, or

(c) aiding, abetting, counselling or procuring the commission of an offence that is a misdemeanour, or

(d) conspiring to commit an offence, or

(e) inciting the commission of an offence,

is the same as the maximum penalty that the Local Court may impose for the offence concerned.

(5) The Local Court may, instead of imposing a term of imprisonment, impose a fine not exceeding 100 penalty units for an offence listed in Table 1 to Schedule 1 in any case where a fine is not otherwise provided by law for the offence.

(6) Nothing in this section affects an option provided by law to impose either a term of imprisonment, or a fine, or both.

(7) Nothing in this section affects Division 2 of Part 4 of the Crimes (Sentencing Procedure) Act 1999 .

(7A) Nothing in this section prevents the Local Court from imposing the maximum term of imprisonment that may be imposed under section 33AA (2) (a) of the Drug Misuse and Trafficking Act 1985 .