LEGISLATION ACT 2001 - SECT 135 Penalties not at end of sections and subsections
LEGISLATION ACT 2001 - SECT 135
Penalties not at end of sections and subsections(1) This section applies if a penalty (however expressed) is stated in a provision of a law other than at the end of a section or subsection.
(2) If an offence is expressly mentioned in the provision, the penalty indicates that the offence is punishable on conviction as provided by subsection (4).
Example
A person who contravenes s (3) commits an offence punishable by a fine of not more than 20 penalty units.
(3) If an offence is not expressly mentioned in the provision, the penalty indicates that contravention of the provision (or a stated part of the provision) is an offence punishable on conviction as provided by subsection (4).
Example
A person who contravenes s (3) must pay a fine of not more than 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) 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.
(6) This section is a determinative provision.
Note See s 5 for the meaning of
determinative provisions, and s 6 for their displacement.