(2) Subject to
subsection (3), proceedings for an offence against this Act or the regulations
that is prescribed by the regulations for the purposes of this subsection may
be dealt with--
(a) summarily before the Local Court, or
(b) summarily before
the District Court.
(3) Proceedings for an offence against section 10 may
only be dealt with summarily before the District Court.
(5) Proceedings for
an offence against this Act or the regulations other than an offence referred
to in subsection (2) or (3) may be dealt with--
(a) summarily before the Local
Court, or
(b) summarily before the Land and Environment Court in its summary
jurisdiction.
(6) If proceedings for an offence against this Act or the
regulations are brought in the Local Court, the maximum monetary penalty that
the Local Court may impose for the offence is, despite any other provision of
this Act, 1,000 penalty units.
(7) Proceedings for an offence under this Act
or the regulations may be commenced within but not later than 2 years after
the date on which the offence is alleged to have been committed.
(8)
Proceedings for an offence under this Act or the regulations may also be
commenced within but not later than 2 years after the date on which evidence
of the alleged offence first came to the attention of a Competent Authority or
an authorised officer.
(9) If subsection (8) is relied on for the purpose of
commencing proceedings for an offence, the court attendance notice, summons,
information or application must contain particulars of the date on which
evidence of the offence first came to the attention of a Competent Authority
or an authorised officer and need not contain particulars of the date on which
the offence was committed. The date on which evidence first came to the
attention of a Competent Authority or an authorised officer is the date
specified in the court attendance notice, summons, information or application,
unless the contrary is established.
(10) In this section,
"evidence of an offence" means evidence of any act or omission constituting
the offence.
