Crimes Act. Australia
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Название: Crimes Act
Автор: Australia
Издательство: Проспект
Жанр: Юриспруденция, право
isbn: 9785392086412
isbn:
(1A) Subsection (1) applies to a penalty set out:
(a) at the foot of a section of an Act; or
(b) at the foot of a subsection of an Act, but not at the foot of the section containing the subsection; or
(c) at the foot of a clause of any Schedule to an Act; or
(d) at the foot of a subclause of any Schedule to an Act, but not at the foot of the clause containing the subclause.
(1B) Subsection (1) does not affect the operation of subsection 4B(2), (2A) or (3).
(2) Subsection (1) applies to any instrument made under an Act (including rules, regulations or by-laws but not including a law of a Territory) as if the instrument were an Act and as if each such rule, regulation or by-law were a section of an Act.
4E Pecuniary penalties
A pecuniary penalty for an offence against a law of the Commonwealth may, unless the contrary intention appears, be recovered in any court of summary jurisdiction.
4F Effect of alterations in penalties
(1) Where a provision of a law of the Commonwealth increases the penalty or maximum penalty for an offence, the penalty or maximum penalty as increased applies only to offences committed after the commencement of that provision.
(2) Where a provision of a law of the Commonwealth reduces the penalty or maximum penalty for an offence, the penalty or maximum penalty as reduced extends to offences committed before the commencement of that provision, but the reduction does not affect any penalty imposed before that commencement.
4G Indictable offences
Offences against a law of the Commonwealth punishable by imprisonment for a period exceeding 12 months are indictable offences, unless the contrary intention appears.
4H Summary offences
Offences against a law of the Commonwealth, being offences which:
(a) are punishable by imprisonment for a period not exceeding 12 months; or
(b) are not punishable by imprisonment;
are summary offences, unless the contrary intention appears.
4J Certain indictable offences may be dealt with summarily
(1) Subject to subsection (2), an indictable offence (other than an offence referred to in subsection (4)) against a law of the Commonwealth, being an offence punishable by imprisonment for a period not exceeding 10 years, may, unless the contrary intention appears, be heard and determined, with the consent of the prosecutor and the defendant, by a court of summary jurisdiction.
(2) Subsection (1) does not apply in relation to an indictable offence where, under a law of the Commonwealth other than this Act, that offence may be heard and determined by a court of summary jurisdiction.
(3) Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction under subsection (1), the court may impose:
(a) where the offence is punishable by imprisonment for a period not exceeding 5 years — a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both; or
(b) where the offence is punishable by imprisonment for a period exceeding 5 years but not exceeding 10 years — a sentence of imprisonment for a period not exceeding 2 years or a fine not exceeding 120 penalty units, or both.
(4) A court of summary jurisdiction may, if it thinks fit, upon the request of the prosecutor, hear and determine any proceeding in respect of an indictable offence against a law of the Commonwealth if the offence relates to property whose value does not exceed $5,000.
(5) Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction under subsection (4), the court may impose a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both.
(6) A court of summary jurisdiction shall not impose under subsection (3) or (5):
(a) a sentence of imprisonment for a period exceeding the maximum period that could have been imposed had the offence been tried on indictment;
(b) a fine exceeding the maximum fine that could have been imposed had the offence been so tried; or
(c) both a sentence of imprisonment and a fine if the offence is punishable on trial on indictment by a sentence of imprisonment or a fine, but not both.
(7) This section does not apply to an offence against:
(a) section 24AA or 24AB or subsection 79(2) or (5) of this Act; or
(b) Division 80 or section 91.1 of the Criminal Code.
4JA Some indictable offences punishable by fine only may be dealt with summarily
(1) A court of summary jurisdiction may hear and determine an indictable offence if:
(a) the offence is not punishable by imprisonment; and
(b) the pecuniary penalty for the offence is not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate; and
(c) the defendant and prosecution consent.
(2) If the defendant is convicted, the court may impose a pecuniary penalty of:
(a) not more than 60 penalty units for an individual or 300 penalty units for a body corporate if the offence would be punishable on indictment by a pecuniary penalty of not more than 300 penalty units for an individual or 1,500 penalty units for a body corporate; or
(b) not more than 120 penalty units for an individual or 600 penalty units for a body corporate if the offence would be punishable on indictment by a pecuniary penalty of not more than 600 penalty units for an individual or 3,000 penalty units for a body corporate.
However, the court may not impose a pecuniary penalty greater than the penalty that could have been imposed if the offence had been prosecuted on indictment.
(3) This section has effect subject to any contrary intention indicated by the law creating the offence.
(4) Without limiting subsection (3), this section does not apply to an indictable offence:
(a) created by a law that provides that the offence may be heard and determined by a court of summary jurisdiction; or
(b) described in subsection 4J(4) (about offences relating to property valued at $5,000 or less).
4K Continuing and multiple offences
(1) Where, under a law of the Commonwealth, an act or thing is required to be done within a particular period or before a particular time, then, unless the contrary intention СКАЧАТЬ