Document ID: chunk:federal_register_of_legislation:C2025C00132:section:4j
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 4J
Character Range: 492653–495250

4J  Certain indictable offences may be dealt with summarily
 (1) Subject to subsection (2), an indictable offence (other than an offence referred to in subsection (4)) against a law of the Commonwealth, being an offence punishable by imprisonment for a period not exceeding 10 years, may, unless the contrary intention appears, be heard and determined, with the consent of the prosecutor and the defendant, by a court of summary jurisdiction.
 (2) Subsection (1) does not apply in relation to an indictable offence where, under a law of the Commonwealth other than this Act, that offence may be heard and determined by a court of summary jurisdiction.
 (3) Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction under subsection (1), the court may impose:
 (a) where the offence is punishable by imprisonment for a period not exceeding 5 years—a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both; or
 (b) where the offence is punishable by imprisonment for a period exceeding 5 years but not exceeding 10 years—a sentence of imprisonment for a period not exceeding 2 years or a fine not exceeding 120 penalty units, or both.
 (4) A court of summary jurisdiction may, if it thinks fit, upon the request of the prosecutor, hear and determine any proceeding in respect of an indictable offence against a law of the Commonwealth if the offence relates to property whose value does not exceed $5,000.
 (5) Subject to subsection (6), where an offence is dealt with by a court of summary jurisdiction under subsection (4), the court may impose a sentence of imprisonment for a period not exceeding 12 months or a fine not exceeding 60 penalty units, or both.
 (6) A court of summary jurisdiction shall not impose under subsection (3) or (5):
 (a) a sentence of imprisonment for a period exceeding the maximum period that could have been imposed had the offence been tried on indictment;
 (b) a fine exceeding the maximum fine that could have been imposed had the offence been so tried; or
 (c) both a sentence of imprisonment and a fine if the offence is punishable on trial on indictment by a sentence of imprisonment or a fine, but not both.
 (7) This section does not apply to an offence against:
 (b) Division 80 (other than Subdivision CA) of the Criminal Code (treason, urging violence and advocating terrorism or genocide); or
 (c) Division 82 of the Criminal Code (sabotage); or
 (d) Division 91 of the Criminal Code (espionage); or
 (e) Division 92 of the Criminal Code (foreign interference).