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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 578 Proceedings for offences against ch 8

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 578

Proceedings for offences against ch 8

578 Proceedings for offences against ch 8

(1) This section applies to a proceeding for an offence against chapter 8 .
(1A) Subject to subsections (2) to (4) , a proceeding for an offence against chapter 8 is to be taken in a summary way under the Justices Act 1886 before an industrial magistrate on the complaint of—
(a) the Regulator; or
(b) a person authorised for the purpose by the Regulator; or
(c) the Attorney-General.
(2) A proceeding for a prescribed offence may, at the election of the prosecution, be taken—
(a) in a summary way under the Justices Act 1886 ; or
(b) on indictment.
(3) A proceeding must be before a magistrate if it is a proceeding—
(a) with a view to the summary conviction of a person on a charge of a prescribed offence; or
(b) for an examination of witnesses in relation to a charge for a prescribed offence.
(4) However, if a proceeding for a prescribed offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order under the Justices of the Peace and Commissioners for Declarations Act 1991 .
(5) A proceeding for an offence in a summary way must start—
(a) within 1 year after the commission of the offence; or
(b) within 6 months after the commission of the offence comes to the complainant’s knowledge;
whichever is the later.
(6) If—
(a) a person charged with a prescribed offence, in relation to which a proceeding is taken by way of a summary proceeding, asks, at the start of the proceeding, that the charge be prosecuted on indictment; or
(b) the magistrate hearing and deciding a charge of a prescribed offence is of the opinion that the charge ought to be prosecuted on indictment;
the magistrate—
(c) must not hear and decide the charge as a summary offence; but
(d) must proceed by way of an examination of witnesses in relation to an indictable offence.
(7) If a magistrate acts under subsection (6)
(a) any plea of the person charged, made at the start of the proceeding, must be disregarded; and
(b) any evidence brought in the proceeding before the magistrate decided to act under subsection (6) is taken to be evidence in the proceeding with a view to the committal of the person for trial or sentence; and
(c) before committing the person for trial or sentence, the magistrate must make a statement to the person under the Justices Act 1886 , section 104 (2) (b) .
(8) The maximum penalty that may be imposed on a summary conviction of a prescribed offence is 100 penalty units or 1 year’s imprisonment.
(9) A prescribed offence is—
(a) for a prescribed offence for which the maximum penalty of imprisonment is less than 5 years—a misdemeanour; or
(b) otherwise—a crime.
(10) In this section—


"prescribed offence" means an offence against this Act for which the maximum penalty of imprisonment is 2 years imprisonment or more.