New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 268

268 Maximum penalties for Table 2 offences

(1) This section prescribes the maximum penalty that may be imposed for an indictable offence listed in Table 2 to Schedule 1 dealt with summarily under this Chapter in any case where the maximum penalty (when the offence is dealt with summarily) is not provided by law.

(1A) The maximum term of imprisonment that the Local Court may impose for an offence is, subject to this section, 2 years or the maximum term of imprisonment provided by law for the offence, whichever is the shorter term.

(2) The maximum fine that the Local Court may impose for an offence is as follows--

(a) for an offence listed in Schedule 1, Table 2, Part 2 or 3--20 penalty units if--

(i) the offence is not an offence under the Crimes Act 1900 , section 154A, and

(ii) the value of the property, amount of money or reward to which the offence relates does not exceed $2,000,

(b) for an offence under the Weapons Prohibition Act 1998 , section 7, 20, 23(1), 23A(1), 25A(1), 25B(1), 25D, 31 or 34-- 100 penalty units,

(c) for an offence under the Rural Fires Act 1997 , section 100(1) or (1B)-- 100 penalty units,

(d) for an offence under the Surveillance Devices Act 2007 , Part 2 or 5, other than section 40(2)--

(i) for a corporation--200 penalty units, or

(ii) otherwise--100 penalty units,

(e) for an offence under the Child Protection (Offenders Registration) Act 2000 , section 17 or 18-- 100 penalty units,

(f) for an offence under the Electricity Supply Act 1995 , section 65 -- 100 penalty units,

(g) for an offence under the Gas Supply Act 1996 , section 66 -- 100 penalty units,

(h) otherwise--the lesser of--

(i) 50 penalty units, or

(ii) the maximum fine provided by law for the offence.

(2AA) A fine may be imposed as referred to in subsection (2) for an offence in addition to or instead of any term of imprisonment that may be imposed by law for the offence.

(2A) The maximum penalty that the Local Court may impose for the offence of--

(a) attempting to commit an offence, or

(b) being an accessory before or after the fact in relation to an offence that is a felony, or

(c) aiding, abetting, counselling or procuring the commission of an offence that is a misdemeanour, or

(d) conspiring to commit an offence, or

(e) inciting the commission of an offence,

is the same as the maximum penalty that the Local Court may impose for the offence concerned.

(3) Nothing in this section affects Division 2 of Part 4 of the Crimes (Sentencing Procedure) Act 1999 .