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Schedule 2 lists the indictable offences that may be heard and determined summarily. Schedule 2 is based on Schedule 4 to the Magistrates' Court Act 1989. A number of Acts or offences under Acts have not been included from Schedule 4 as a result of the clearer description of which indictable offences may be heard and determined summarily in clause 28(1)(b) including—
Classification (Publications, Films and Computer Games) (Enforcement) Act 1995;
triable summarily in Schedule 4 are triable summarily under clause 28(1)(b) of the Bill (and therefore do not need to be listed) except for offences in sections 5(1A) and 7B(2).
The reference to section 7A(6) of the Firearms Act 1996 has not been included because the offence has been repealed. Item 11 from Schedule 4, concerning the Electoral Act 2002, has not been included because it was repealed by section 16 of the Electoral and Parliamentary Committees Act Legislation (Amendment) Act 2006. Schedule 2 also includes a number of changes related to the new summary financial penalty limit created by clauses 380 and 381. Entries in Schedule 2 to the following Acts from Schedule 4 to the Magistrates' Court Act 1989 no longer need to include a maximum summary financial penalty as they will be subject to the new summary financial penalty limit created by clauses 380 and 381—
In relation to item 7 (Electricity Safety Act 1998) and item 13 (Gas Safety Act 1997), higher maximum financial penalties are applied for bodies corporate. The offences apply in very limited situations relating to the failure to comply with directions to make a gas or electricity emergency situation safe. The deterrent effect of significant penalties that can be imposed very quickly may be important in dealing with emergency situations. In relation to item 8 (Environmental Protection Act 1970), the general rule will apply except where a natural person and a body corporate are charged with offences that must be heard together (in accordance with clause 56 of the Bill). The maximum penalty for a number of offences under the Environmental Protection Act 1970 is the same for natural persons and bodies corporate. Because this Bill limits the maximum penalty that may be imposed on a natural person to 500 penalty units, there is a risk that a court may decline to hear a matter because it has insufficient sentencing capacity. As a result, the prosecution of both the natural person and the body corporate would be heard in the County Court. To avoid this, item 8 of Schedule 2 to the Bill provides that in such circumstances, the court may impose a higher penalty of up to 2500 penalty units. The Schedule also amends the reference in item 5 to the Drugs, Poisons and Controlled Substances Act 1981 by removing the exception for offences under that Act to the maximum penalty of 2 years imprisonment generally imposed for indictable offences heard and determined summarily (see section 113 of the Sentencing Act 1991). Currently, Schedule 4 to the Magistrates' Court Act 1989 provides a maximum penalty for such offences of "imprisonment for a period not exceeding 3 years or a fine of not more than 50 penalty units". This is the only exception to section 113 of the Sentencing Act 1991. For consistency, this exception has been removed. The usual maximum penalty of 2 years imprisonment therefore applies to an indictable offence which is heard and determined summarily. The higher maximum penalty remains available in the County or Supreme Courts for cases where committal for trial is appropriate.