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 43(1): Except in so far as an offence may be prosecuted on indictment, proceedings for an offence under this Act or the regulations may be disposed of summarily before the Local Court.

Section 43(2): Ch 5 of the CP Act (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under ss 7, 20, 23(1), 23A(1), 25A(1), 25B(1), 31 or 34. These are Table 2 offences and are to be dealt with summarily unless the prosecuting authority elects otherwise.

Section 43(3): Offences under ss 23A(2), 23B or 25A(2) are to be prosecuted on indictment only.

Time for commencement

Section 44: An offence under this Act or the regulations may be dealt with in a summary manner before the Local Court if the court attendance notice was issued within 2 yrs of the date on which the offence is alleged to have been committed.

Offences by corporations

Section 46(1): Directors and persons concerned in the management of the corporation taken to have contravened the same provision of the Act or Regulations if the person knowingly authorised or permitted the contravention.

Section 46(2): A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision.

Forfeiture

Section 40(1): The Local Court or the Children’s Court may, on application by a police officer or by any person who claims to be the owner of a prohibited weapon surrendered to, or seized by, a police officer in accordance with this Act, order that the weapon:

Liability of parents/guardians

Note:

Table 2 offences are to be dealt with summarily unless the prosecuting authority elects otherwise: s 43(2).