38CPenalties at foot of sections and subsections

38C Penalties at foot of sections and subsections (1) The penalty, pecuniary or otherwise, set out: (a) at the foot of a section; or (b) at the foot of a subsection, of an Act indicates that a contravention of the section or of the subsection respectively, is an offence against the Act punishable on a finding of guilt by a penalty not exceeding the penalty so set out. (1AA) Subsection (1) applies regardless of whether the penalty is expressed as a maximum penalty. (1A) For subsection (1), a penalty is taken to be at the foot of a section or subsection even if an example or note appears after the penalty. (2) A penalty set out as provided in subsection (1) which is expressed to apply only to a part of the section or subsection applies according to the tenor of the provision. Interpretation Act 1978 28 (3) In this section section includes a rule, regulation or by-law and subsection has a corresponding meaning. 38DC Body corporate fines under provision authorising subordinate legislation (1) This section applies to a provision of an Act authorising a maximum fine for an offence that may be imposed under subordinate legislation under the Act only if the provision does not expressly authorise a maximum fine for a body corporate different from the maximum fine for an individual. (2) The maximum fine is taken only to be the maximum fine for an individual that may be imposed under the subordinate legislation. (3) The maximum fine for a body corporate that may be imposed under the subordinate legislation is taken to be 5 times the maximum fine for an individual.