Victorian Current Acts

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SENTENCING ACT 1991 - SECT 112

Classification of offences as indictable or summary

S. 112(1) substituted by No. 48/1997 s. 28(6), amended by No. 69/1997 s. 16.

    (1)     An offence that is described in a provision of an Act (other than the Crimes Act 1958 or the Wrongs Act 1958 ), subordinate instrument or local law as being level 1, 2, 3, 4, 5 or 6 or as being punishable by level 1, 2, 3, 4, 5 or 6 imprisonment or fine or both is, unless the contrary intention appears, an indictable offence.

    (2)     Any other offence under an Act (other than the Crimes Act 1958 or the Wrongs Act 1958 ), subordinate instrument or local law is, unless the contrary intention appears, a summary offence.

    (3)     If an offence is described as being punishable in more than one way or in one of two or more ways, subsection (1) applies even if only one of those ways is referred to in that subsection.

S. 112A inserted by No. 7/2009 s. 433 (as amended by No. 68/2009 s. 54(s)).



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