Document ID: chunk:federal_register_of_legislation:C2024C00749:section:5b:p3
Version: federal_register_of_legislation:C2024C00749
Segment Type: section
Provision Reference: s 5B (pt 3/3)
Character Range: 133825–136001

National Anti‑Corruption Commission Act 2022); or
 (l) a proceeding by way of a bail application if the application relates to a proceeding by way of a prosecution for a prescribed offence; or
 (m) a proceeding by way of review of a decision to refuse such a bail application; or
 (n) a proceeding by way of a review of a decision to grant such a bail application.
Note: Paragraphs (l), (m) and (n) were inserted as a response to the decision of the Court of Appeal of New South Wales in Director of Public Prosecutions v Serratore (1995) 132 ALR 461.
 (2) Without limiting subsection (1), a reference in Chapter 3 to an exempt proceeding includes a reference to:
 (a) a proceeding by way of a prosecution for an offence punishable:
 (i) by imprisonment for a period, or a maximum period, of at least 12 months; or
 (ii) by a fine, or a maximum fine, of at least 60 penalty units if the offence is committed by an individual; or
 (iii) if the offence cannot be committed by an individual—by a fine, or a maximum fine, of at least 300 penalty units; or
 (b) a proceeding for the confiscation or forfeiture of property, or for the imposition of a pecuniary penalty, in connection with the commission of such an offence; or
 (c) a proceeding for the taking of evidence pursuant to section 43 of the Extradition Act 1988, in so far as the proceeding relates to such an offence; or
 (d) a proceeding for the extradition of a person from a State or Territory to another State or Territory, in so far as the proceeding relates to such an offence; or
 (e) a proceeding by way of a coroner's inquest if, in the opinion of the coroner, the event that is the subject of the inquest may have resulted from the commission of such an offence; or
 (f) a proceeding for recovery of a pecuniary penalty for a contravention that would, if proved, render the person committing the contravention liable to:
 (i) a pecuniary penalty, or a maximum pecuniary penalty, of at least 60 penalty units if the contravention is committed by an individual; or
 (ii) if the contravention cannot be committed by an individual—a pecuniary penalty, or a maximum pecuniary penalty, of at least 300 penalty units.