New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 55

55 Proceedings

(1) Proceedings for an offence against this Act or the regulations or in respect of a threatened or an apprehended contravention of, or a threatened or an apprehended failure to comply with, this Act or the regulations:

(a) may be taken and prosecuted by any person acting with the authority of:

(i) the Minister, or

(ii) a prescribed officer, and

(b) in the case of proceedings for an offence against this Act or the regulations, shall be disposed of summarily:

(i) before the Local Court, or

(ii) before the Supreme Court in its summary jurisdiction.

(1A) A person referred to in subsection (1) (a) may bring proceedings to remedy or restrain a threatened or an apprehended contravention of, or a threatened or an apprehended failure to comply with, this Act or the regulations, whether or not any right of that person has been or may be infringed by or as a consequence of the contravention or failure.

(1B) If proceedings for an offence against this Act or the regulations are brought before the Local Court, the maximum monetary penalty that the Local Court may impose in respect of the offence is, notwithstanding any other provision of this Act, 100 penalty units or the maximum monetary penalty provided by this Act or the regulations in respect of the offence, whichever is the lesser.

(1C) If proceedings for an offence against this Act or the regulations are brought before the Supreme Court in its summary jurisdiction, that Court may impose a penalty not exceeding the maximum penalty provided by this Act or the regulations in respect of the offence.

(2) In a prosecution for any such offence, an authority to prosecute, purporting to have been signed by the Minister or a prescribed officer, shall be evidence of such authority without proof of the signature of the Minister or the prescribed officer, as the case may be.

(4) In proceedings for an offence against this Act the informant may conduct the informant’s case personally, or by the informant’s Australian legal practitioner, or by an agent authorised by the informant in writing, or by an officer in the public service.

(5) Any such proceedings shall be commenced within 12 months after the time when the offence is alleged to have been committed or, in the case of an offence under section 9 (1) (a), (2) (a), (3) (a), (4) (a), (5) (a), (6) (a) or (7) (a) or 47A (1) or (1A), at any time within 3 years after the time when the offence is alleged to have been committed.