Part 10—Miscellaneous Provisions Flashcards
109 — Penalty scale
See notes for tables: otherwise:
(3) Subject to subsection (3A), an offence that is punishable by a term of imprisonment (other than life) is, unless the contrary intention appears, punishable (in addition to or instead of imprisonment) by a maximum fine of the number of penalty units that is 10 times more than the maximum number of months of imprisonment that may be imposed.
(3A) An offence that is punishable by level 2 imprisonment is, unless the contrary intention appears, punishable (in addition to but not instead of imprisonment) by a level 2 fine if the offender is not a body corporate.
112 — Classification of offences as indictable or summary
● (1) An offence in an Act (other than the Crimes Act or Wrongs Act) classified as being level 1-6 imprisonment/fine = unless the contrary intention appears, an indictable offence
● (2) Any other offence under an Act, (other than the CA or Wrongs Act) is, unless contrary intention appears, a summary offence
● (3) If an offence is described as being punishable in more than one way in one of two or more ways, (1) applies even if only one of those ways is referred to in it.
112A — Maximum fine for indictable offence heard and determined summarily (in MC)
(1) 500 penalty units (2) subject to any contrary intention in any other Act
113 — Maximum term of imprisonment for indictable offence heard and determined summarily (in MC)
(1) 2 years (2) subject to any contrary intention in any other Act
113A — Maximum term of imprisonment for summary offence
(1) 2 years (2) despite anything to the contrary in any other Act
113B — Maximum cumulative term of imprisonment imposable by Magistrates Court
no more than 5 years unless different term is expressly provided for in an Act.
113C — Maximum term of imprisonment where none prescribed
● If a person is convicted of an offence against an enactment punishable by imprisonment, but no term prescribed, the maximum term is 2 years.
