37Effect of specifying penalties in Acts

### 37 Effect of specifying penalties in Acts > *\[Section 37 Substituted by No. 39 of 1981, s. 16 \]* > > > (1)  Where in an Act a penalty is specified in respect of a contravention of, or a failure to comply with, that Act or a provision of that Act, then, unless the contrary is expressly provided, that specification indicates that the contravention or failure to comply is an offence punishable by a penalty not exceeding that so specified. > > > (2)  Where in an Act a penalty is specified in respect of an offence against that Act, or a provision of that Act, then, unless the contrary is expressly provided, that specification indicates that the offence is punishable by a penalty not exceeding that so specified. > > > (3)  *\[Section 37 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 \]*Where in an Act a penalty – > > > > > > (a) is specified without qualification at the foot of a section of an Act; > > > > > > > (b) is specified at the foot of a subsection of a section of the Act, but not at the foot of the section; or > > > > > > > (c) is specified at the foot of a section of the Act and expressed to apply to a specified subsection or specified subsections of the section – > > > > then, unless the contrary is expressly provided, that specification indicates that a contravention of, or failure to comply with, the section or subsection, or, as the case may be, any of the subsections, is an offence and that the offence is punishable by a penalty not exceeding that so specified. > > > (4)  Where in an Act a maximum penalty and a minimum penalty are specified in respect of an offence against the Act or a provision of the Act, that specification indicates that the offence is punishable by a penalty not less than that minimum nor greater than that maximum. > > > (5)  *\[Section 37 Subsection (5) substituted by No. 43 of 1991, s. 5 and Sched. 1 \]*Where in an Act a penalty or a fine specified in respect of an offence against the Act, or a provision of the Act, is referred to as being a daily penalty or a daily fine, that reference indicates that a penalty or a fine not exceeding that daily penalty or daily fine may, in addition to any other penalty or fine that may be imposed in respect of the offence, be imposed for each day or part of a day during which the offence continues. > > > (5A)  [*\[Section 37 Subsection (5A) inserted by No. 65 of 2007, s. 4, Applied:01 Jan 2008\]*](/view/html/inforce/2008-01-01/act-2007-065#GS4@EN) Where in an Act a penalty specified in respect of an offence against the Act or a provision of the Act is a fine or term of imprisonment, the offence is, unless the contrary is expressly provided, punishable by the fine, or by the term of imprisonment, or both. > > > (6)  *\[Section 37 Subsection (6) added by No. 13 of 1987, s. 5 and Sched. 1 \]*Nothing in the [Penalty Units and Other Penalties Act 1987](/view/html/inforce/2026-04-12/act-1987-013) affects or prejudices the application of this section in respect of the specification of a penalty in an Act, whether or not that penalty was so specified before, or that penalty is so specified on or after, the day on which the [Penalty Units and Other Penalties Act 1987](/view/html/inforce/2026-04-12/act-1987-013) receives the Royal Assent.