Queensland Consolidated Acts
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DEBT COLLECTORS (FIELD AGENTS AND COLLECTION AGENTS) ACT 2014 - SECT 141
Proceedings for an offence
141 Proceedings for an offence
(1) Subject to subsection (2) , a proceeding for an offence against this Act
must be taken in a summary way under the Justices Act 1886 within the later of
(a) 1 year after the offence is committed;
(b) 6 months
after the commission of the offence comes to the complainant’s knowledge,
but within 2 years after the commission of the offence.
(2) A proceeding for
an indictable offence may be taken, at the prosecution’s election—
way of summary proceedings under the Justices Act 1886 ; or
(3) A proceeding against a person for an indictable offence must
be before a magistrate if it is a proceeding—
(a) for the summary conviction
of the person; or
(b) for an examination of witnesses for the charge.
a proceeding for an indictable offence is brought before a justice who is not
a magistrate, jurisdiction is limited to taking or making a procedural action
or order under the Justices of the Peace and Commissioners for Declarations
Act 1991 .
(a) a person charged with an indictable offence asks at
the start of a summary proceeding for the offence that the charge be
prosecuted on indictment; or
(b) the magistrate hearing a charge of an
indictable offence considers the charge should be prosecuted on indictment;
(c) must not decide the charge as a summary offence; and
(d) must proceed by way of a committal proceeding.
(6) If a magistrate acts
under subsection (5) —
(a) any plea of the person charged, made at the
start of the proceeding, must be disregarded; and
(b) any evidence brought in
the proceeding before the magistrate decided to act under subsection (5) is
taken to be evidence in the proceeding for the committal of the person for
trial or sentence; and
(c) before committing the person for trial or
sentence, the magistrate must make a statement to the person under the
Justices Act 1886 , section 104 (2) (b) .
(7) The maximum penalty that may
be imposed on a summary conviction of an indictable offence is 200 penalty
units or 1 year’s imprisonment.
(8) In this section—
"indictable offence" means an offence against this Act for which the maximum
penalty of imprisonment is more than 2 years.
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