Contents (1979 - 200)
Prevention of Cruelty to Animals Act 1979 No 200
34 Proceedings for offences
(1) Proceedings for an offence against this Act or the regulations may be dealt with:(a) summarily before the Local Court, or(b) by the Supreme Court in its summary jurisdiction.(2) If proceedings are brought before the Local Court, the maximum pecuniary penalty that a magistrate may impose for the offence is, despite any other provision of this Act, 200 penalty units.(3) A court shall not convict a person of an offence against this Act or the regulations in respect of an act or omission where that, or any other, court has convicted the person of that, or any other, offence against this Act or the regulations in respect of that act or omission.(4) Despite the Criminal Procedure Act 1986 or any other Act, proceedings for an offence against this Act or the regulations may be commenced not later than 12 months after the date alleged to be the date on which the offence was committed.(5) In any criminal proceeding for an offence against this Act or the regulations, an officer may give evidence in chief for the prosecution by reading or being led through a written statement previously made by the officer.(6) Evidence referred to in subsection (5) may not be so given unless:(a) the statement was made by the officer at the time of or soon after the occurrence of the events to which it refers, and(b) the officer signed the statement when it was made, and(c) a copy of the statement had been given to the person charged or to his or her Australian legal practitioner or legal counsel a reasonable time before the hearing of the evidence for the prosecution.(7) A reference in subsections (5) and (6) to an officer includes a reference to a person who, at the time the statement concerned was made, was an officer.