(b) the person shall, in any other case, be liable S. 321I(2)(b) to a level 6 fine (600 penalty units amended by Nos 49/1991 maximum). s. 119(1) (Sch. 2 item 63(b)(ii)), 69/1997 s. 22(9). S. 321J 321J Application of certain provisions inserted by No. 10079 Subsections (2) and (3) of section 321G shall s. 7(2). apply, so far as they are capable of doing so and with such changes as are necessary, for the purpose of determining whether a person is guilty of incitement under any enactment other than section 321G. S. 321K 321K Limitations on prosecution inserted by No. 10079 (1) Where any enactment prohibits the institution or s. 7(2). continuance of proceedings for an offence otherwise than by or with the consent of any person, the prohibition shall apply in relation to proceedings under section 321G for incitement to commit that offence. (2) Where— (a) an indictable offence has been committed; and (b) proceedings may not be instituted for that offence because a time limit applicable to the institution of such proceedings has expired— proceedings under section 321G for incitement to commit that offence shall not be instituted against any person. (3) A person shall not be liable to be convicted in respect of the same inciting of both— (a) incitement under section 321G; and (b) incitement under any enactment other than section 321G.
S. 321I(2)(b) amended by Nos 49/1991 s. 119(1) (Sch. 2 item 63(b)(ii)), 69/1997 s. 22(9). (b) the person shall, in any other case, be liable to a level 6 fine (600 penalty units maximum). S. 321J inserted by No. 10079 s. 7(2). 321J Application of certain provisions Subsections (2) and (3) of section 321G shall apply, so far as they are capable of doing so and with such changes as are necessary, for the purpose of determining whether a person is guilty of incitement under any enactment other than section 321G. S. 321K inserted by No. 10079 s. 7(2). 321K Limitations on prosecution (1) Where any enactment prohibits the institution or continuance of proceedings for an offence otherwise than by or with the consent of any person, the prohibition shall apply in relation to proceedings under section 321G for incitement to commit that offence. (2) Where— (a) an indictable offence has been committed; and (b) proceedings may not be instituted for that offence because a time limit applicable to the institution of such proceedings has expired— proceedings under section 321G for incitement to commit that offence shall not be instituted against any person. (3) A person shall not be liable to be convicted in respect of the same inciting of both— (a) incitement under section 321G; and (b) incitement under any enactment other than section 321G.
58-6231a249C.docx