Part 5.2 Proceedings for offences

180   Proceedings for offences

(cf former Act, s 47)

(1)  Proceedings for an offence against the road transport legislation are to be dealt with summarily before a Local Court or the Supreme Court in its summary jurisdiction.

(2)  The maximum monetary penalty that may be imposed by a Local Court for an offence under a provision of this Act is:

(a)  in the case of an offence under Chapter 3—500 penalty units or the maximum monetary penalty provided for the offence, whichever is less, or

(b)  in any other case—100 penalty units or the maximum monetary penalty provided for the offence, whichever is less.

181   Period within which proceedings for operator onus offences may be commenced

(cf former Act, s 47)

(1)  Despite any other Act, proceedings for an operator onus offence may be commenced within 1 year after the date of the alleged commission of the offence.

(2)  In this section:

operator onus offence means a designated offence within the meaning of section 179.

182   Period within which proceedings for certain mass, dimension and load offences may be commenced

(cf model provisions, s 128)

(1)  This section applies to applicable road law offences, other than:

(a)  offences prescribed by the regulations for the purposes of this section, and

(b)  offences in respect of which proceedings may only be commenced within a period of less than 2 years after their alleged commission.

(2)  Despite any other Act, proceedings for an applicable road law offence to which this section applies may be commenced within:

(a)  the period of 2 years after the commission of the alleged offence, or

(b)  a further period of 1 year commencing on the day on which the Authority or an authorised officer first obtained evidence of the commission of the alleged offence considered reasonably sufficient by the Authority or officer to warrant commencing proceedings.

(3)  For the purposes of subsection (2), a certificate purporting to have been issued by the Authority or an authorised officer as to the date when the Authority or an officer first obtained evidence considered reasonably sufficient by the Authority or officer to warrant commencing proceedings is admissible in any proceedings and is prima facie evidence of the matters stated.