LEGISLATION ACT 2001 - SECT 134 Penalties at end of sections and subsections
LEGISLATION ACT 2001 - SECT 134
Penalties at end of sections and subsections(1) This section applies if a penalty (however expressed) is stated in a law—
(a) at the end of a section (whether or not the section is divided into subsections) and not expressed in a way that indicates that it applies only to a provision of the section; or
(b) at the end of a subsection (but not at the end of a section) and not expressed in a way that indicates that it applies only to a provision of the subsection; or
(c) at the end of a section or subsection and expressed in a way that indicates that it applies only to a provision of the section or subsection (the relevant provision ).
Example—par (a)
the following penalty at the end of a section:
‘Maximum penalty: 20 penalty units.'
Example—par (b)
the following penalty at the end of a subsection, but not at the end of a section:
‘Maximum penalty: 20 penalty units.'
Examples—par (c)
1 the following penalty at the end of a section divided into subsections:
‘Maximum penalty (subsection (3)): 20 penalty units.'.
2 the following penalty at the end of a subsection, but not at the end of a section:
‘Maximum penalty:
(a) for paragraph (b)—20 penalty units; or
(b) for another paragraph—50 penalty units, imprisonment for 6 months or both.'
(2) If an offence is not expressly mentioned in the section, subsection or relevant provision, the penalty indicates that contravention of the section, subsection or relevant provision is an offence punishable on conviction as provided by subsection (4).
Example—penalty applying to entire section or subsection
A person must not contravene a notice.
Maximum penalty: 20 penalty units.
Example—penalty applying to a stated provision
(2) The register of transactions—
(a) may be kept in electronic form; and
(b) must contain the particulars mentioned in section 91C.
Maximum penalty (paragraph (b)): 20 penalty units.
(3) If an offence is expressly mentioned in the section, subsection or relevant provision, the penalty indicates that the offence is punishable on conviction as provided by subsection (4).
Example—penalty applying to entire section or subsection
A person who contravenes a notice commits an offence.
Maximum penalty: 20 penalty units.
Example—penalty applying to a stated provision
(2) If a person keeps the person's identity card after ceasing to be an officer—
(a) the person commits an offence; and
(b) the identity card is forfeited to the Territory.
Maximum penalty (paragraph (a)): 20 penalty units.
(4) The penalty that may be imposed for the offence is—
(a) if only a single penalty is stated (whether as a maximum penalty or a penalty)—not more than the stated penalty; or
(b) if a minimum as well as a maximum penalty is stated—not less than the minimum and not more than the maximum.
(5) If—
(a) a penalty (however expressed) is stated in a law at the end of a section divided into subsections; and
(b) another penalty (however expressed) is stated at the end of another subsection of the section; and
(c) the first penalty is not expressed in a way that indicates that it applies only to a particular provision of the last subsection;
the first penalty is taken, for this section, to be expressed in a way that indicates that it applies only to the last subsection.
Example
In the following example, s (4) is the last subsection and the penalty stated at the end applies only to that subsection:
‘(2) A permit holder must record all transactions under this Act.
Maximum penalty: 20 penalty units.
(3) If a permit holder is convicted of an offence against subsection (2), the registrar must cancel the permit.
(4) A permit holder must not sell a declared substance in contravention of this Act.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.'.
(6) In working out for this section whether a penalty is at the end of a section or subsection, the position of any example or note is to be disregarded.
(7) This section is a determinative provision.
Note See s 5 for the meaning of determinative provisions, and s 6 for their displacement.