This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 691(1): Proceedings for an offence against this Act or the regulations may be dealt with summarily by the Local Court.

Section 691(2): Proceedings for an offence against ss 626(1), 627(1) or 628(1) may be dealt with:

Time for commencement

Section 693: Proceedings for an offence concerning an election or poll under this Act may be instituted at any time within 3 yrs after the offence is alleged to have been committed.

Recovery of rates and charges

Section 712(1): Proceedings for the recovery of a rate or charge may be commenced at any time within 20 yrs from the date when the rate or charge became due and payable.

Section 712(2): All rates and charges payable by the same person, whether in respect of the same or of different land, may be recovered in a single action.

Section 712(3): In any proceedings for the recovery of a rate or charge, a court may decide any matter that is called into question and that is relevant to the determination of the proceedings, even though the matter would otherwise be beyond the court’s jurisdiction.

Other remedies

Section 690(1): Whether any penalty imposed on a person by or under this Act has been recovered or not, the council may recover from the person: (a) any sum for damage sustained by it through the person’s act or default, and (b) the costs and expenses incurred by it in remedying that damage, and (c) the value of anything wasted, misused or unlawfully consumed, diverted or taken by the person.

Appearance in the Local Court

Section 687: In proceedings in the Local Court, the general manager or any other employee of the council appointed in writing by the general manager may: (a) represent the council in all respects as though the general manager or other employee were the party concerned, and (b) institute and carry on any proceedings which the council is authorised to institute and carry on under this Act.