South Australian Consolidated Acts

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DRUGS ACT 1908 - SECT 47

47—Penalties for offences

        (1)         In this Act the penalty set forth at the foot or end of or elsewhere in a section indicates that any contravention of such section, whether by act or omission, shall be an offence, punishable, upon conviction, by the penalty so set forth.

        (2)         Where no minimum penalty is set forth for any offence against any provision of this Act the minimum penalty shall be one-tenth of the maximum penalty.

        (3)         Where a person guilty of an offence under this Act is liable to a penalty not exceeding two hundred dollars he shall be liable on a second conviction for a second offence to a penalty not exceeding four hundred dollars, and on any third or subsequent conviction to a penalty not exceeding one thousand dollars.

        (4)         Where, under any provision of this Act a person guilty of an offence is liable to a penalty which may extend to four hundred dollars or more as a maximum, and the offence, in the opinion of the court, was committed by the personal act, default, or culpable negligence of the person accused, that person shall be liable, if the court is of opinion that a fine will not meet the circumstances of the case, to imprisonment for a period not exceeding six months.



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