New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 268

268 Maximum penalties for Table 2 offences

(1) This section prescribes the maximum penalty that may be imposed for an indictable offence listed in Table 2 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.

(1A) 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.

(2) The maximum penalty that the Local Court may impose for the following offences is:

(a) for an offence under section 35A (2), 49A, 58, 59, 59A, 60 (1), 60A (1), 60B, 60C, 60E (1) and (4), 61L or 61O (1) or (1A) of the Crimes Act 1900 -imprisonment for 2 years, or a fine of 50 penalty units, or both,

(b) for an offence under section 56, 61 or 61N of the Crimes Act 1900 -imprisonment for 12 months, or a fine of 20 penalty units, or both,

(c) for an offence listed in Part 2 or 3 of Table 2 to Schedule 1 (other than an offence under section 154A of the Crimes Act 1900 -imprisonment for 12 months, or a fine of 50 penalty units, or both, however, the maximum fine that the Local Court may impose if the value of the property, amount of money or reward concerned does not exceed $2,000 is 20 penalty units,

(d) for an offence under section 154A of the Crimes Act 1900 -imprisonment for 2 years, or a fine of 50 penalty units, or both,

(e) for an offence under section 93G, 93H or 93I of the Crimes Act 1900 -imprisonment for 2 years, or a fine of 50 penalty units, or both,

(e1) for an offence under section 7, 7A, 36, 43, 44A, 50, 50AA, 50A (1), 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 62, 63, 64, 66, 70, 71A, 72 (1) or 74 of the Firearms Act 1996 -imprisonment for 2 years, or a fine of 50 penalty units, or both,

(f) for an offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 or section 545AB or 562AB of the Crimes Act 1900 -imprisonment for 2 years, or a fine of 50 penalty units, or both,

(i) for an offence under section 100 (1) of the Rural Fires Act 1997 -imprisonment for 2 years, or a fine of 100 penalty units, or both,

(j) for an offence under section 578C (2A) of the Crimes Act 1900 -in the case of an individual, imprisonment for 2 years, or a fine of 100 penalty units (or both), or in the case of a corporation, 200 penalty units,

(k) for an offence under section 10 or 20 of the Liens on Crops and Wool and Stock Mortgages Act 1898 -imprisonment for 12 months, or a fine of 50 penalty units, or both,

(l) for an offence under Part 2 or 5 (other than section 40 (2)) of the Surveillance Devices Act 2007 -in the case of an individual, imprisonment for 2 years, or a fine of 100 penalty units (or both), or in the case of a corporation, 200 penalty units,

(m) for an offence under section 17 or 18 of the Child Protection (Offenders Registration) Act 2000 -imprisonment for 2 years, or a fine of 100 penalty units, or both.

(2A) 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.

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