Commonwealth Numbered Acts

HISTORIC SHIPWRECKS ACT 1976 No. 190 of 1976 - SECT 26

26. (1) Subject to this section an offence against this Act may be prosecuted
summarily or upon indictment but nothing in this section renders a person
liable to be punished more than once for the same offence.

(2) Where the law of a State or Territory makes provision for a person who
pleads guilty to a charge in proceedings for his commitment for trial on
indictment to be committed to a higher court and dealt with otherwise than on
indictment, a person charged in that State or Territory with an offence
against this Act may be dealt with in accordance with that law.

(3) Where a person is charged with an offence against this Act in proceedings
for his commitment for trial on indictment, a court of summary jurisdiction
may, with the consent of the defendant and of the prosecutor and if the court
is satisfied that it is proper to do so, determine the charge summarily.

(4) A person shall not be sentenced by a court of summary jurisdiction for an
offence against this Act to a fine exceeding $1,000 or imprisonment for a
period exceeding 1 year.