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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.