Document ID: chunk:federal_register_of_legislation:C2004A01078:clause:3_12
Version: federal_register_of_legislation:C2004A01078
Segment Type: clause
Provision Reference: sch 3 cl 12
Character Range: 21427–22151

12  The Schedule (after subsection 147.1(1A) of the Criminal Code)
Insert:

 (1B) If:
 (a) a person is charged with an offence against subsection (1); and
 (b) the public official concerned is a Commonwealth judicial officer or a Commonwealth law enforcement officer;
a court of summary jurisdiction may, with the consent of the defendant and the prosecutor and if the court is satisfied that it is proper to do so, determine the charge summarily.

 (1C) If a court of summary jurisdiction convicts a person of an offence against subsection (1) in accordance with subsection (1B), the penalty that the court may impose is a sentence of imprisonment not exceeding 2 years or a fine not exceeding 120 penalty units, or both.