New South Wales Consolidated Acts

MOTOR VEHICLE REPAIRS ACT 1980 - SECT 87

87 Proceedings

(1) Proceedings for an offence against this Act or the regulations may:

(a) be taken and prosecuted by any person acting with the authority of the Minister or a prescribed officer, and

(b) be disposed of summarily before the Local Court or before the Supreme Court in its summary jurisdiction.

(2) In a prosecution for any offence against this Act or the regulations, 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.

(3) The maximum monetary penalty that the Local Court may impose in proceedings for an offence under this Act or the regulations is the maximum penalty specified for that offence or 100 penalty units, whichever is the lesser.

(4) In proceedings for an offence against this Act or the regulations the informant may conduct his or her case himself or herself, or by an Australian legal practitioner, by an agent authorised by him or her in writing, or by a public servant or an inspector.

(5) Any proceedings for an offence against this Act or the regulations shall be commenced by information laid at any time within 1 year after the time when the offence is alleged to have been committed.

(6) Despite subsection (5), proceedings for an offence under section 15 may be commenced at any time within 3 years after the time when the offence is alleged to have been committed.