MINING ACT 1992 - SECT 378H Proceedings for offences

MINING ACT 1992 - SECT 378H

378H Proceedings for offences

(1) Proceedings for an offence against this Act or the regulations are, except as provided by this section, to be dealt with summarily before--

(a) the Land and Environment Court, in the case of an offence under Division 1 or 2 of Part 2, section 163C, or section 291 (committed by a corporation), section 240C, 246R, 248S, 378A, 378C, 378D, 378ZF or 378ZFE, or

(b) the Local Court, in the case of any offence.

(2) If proceedings for an offence under this Act or the regulations are brought in the Local Court--

(a) the maximum period of imprisonment that the Court may impose for the offence is 12 months, and

(b) the maximum monetary penalty that the Court may impose is 2,000 penalty units.

(3) Proceedings for an offence under section 5, 6, 12B, 12C, 12D or 291 are to be dealt with on indictment.

Note : Chapter 5 of the Criminal Procedure Act 1986 provides an alternative procedure for dealing with these offences summarily following an election by the prosecutor or defendant.