26General

26 General

S. 26(1) amended by No. 31/2005 s. 28(1)(a).

(1) Any person who contravenes or fails to comply with any provision in Part 2, 5 or 6 (except sections 28(4), 28A, 29 and 33(4) or (5)) or the regulations is guilty of an offence against this Act.

S. 26(2) amended by No. 31/2005 s. 28(1)(b).

(2) Any person who is guilty of an offence against a provision of Part 2, 5 or 6 for which no penalty is expressly provided is liable to a penalty of not more than—

S. 26(2)(a) amended by No. 107/1997
s. 70(a).

(a) if that person is a body corporate, 400 penalty units if the offence is not an indictable offence, and 2500 penalty units if the offence is an indictable offence; or

S. 26(2)(b)
amended by
No. 107/1997
s. 70(b).

(b) in any other case, 100 penalty units if the offence is not an indictable offence, and 500 penalty units if the offence is an indictable offence.

S. 26(3) amended by No. 31/2005 s. 28(1)(c).

(3) An offence against this Act (not being a contravention of or failure to comply with a provision of Part 3 or 4 or of the regulations) is an indictable offence.

S. 26(4) inserted by No. 31/2005 s. 28(2).

(4) An offence against a provision of Part 3 or 4 is only an indictable offence if an express statement to that effect is made in that Part in relation to the offence.