Offences (other than offences arising under the law of the State) are classified for the purposes of the cooperative scheme as follows—
(a) if the maximum penalty for the offence is a fine or imprisonment for not more than 2 years, the offence is classified as a summary offence;
(b) if the maximum penalty for the offence is (or includes) imprisonment for more than 2 years or for an indefinite term, the offence is classified as an indictable offence.