New South Wales Consolidated Acts

OMBUDSMAN ACT 1974 - SECT 38

38 Proceedings for offences

(1) Except where otherwise expressly provided by this Act, proceedings for an offence against this Act are to be dealt with summarily before the Local Court.

(2) If an offence against this Act is an indictable offence, the Local Court may nevertheless hear and determine the proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent.

(3) If, in accordance with subsection (2), the Local Court convicts a person of such an offence, the maximum penalty that the court may impose is:

(a) in the case of an individual-the smaller of:

(i) a fine of 50 penalty units or imprisonment for 2 years, or both, or

(ii) the maximum penalty otherwise applicable to the offence when committed by an individual, or

(b) in the case of a corporation-the smaller of:

(i) a fine of 100 penalty units, or

(ii) the maximum penalty otherwise applicable to the offence when committed by a corporation.