72Statutory penalties, construction of

##### 72. Statutory penalties, construction of (1) Where in an Act a penalty — (a) is specified without qualification at the foot of a section of the Act; or (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, a contravention of the section or subsection, or, as the case may be, of any of the subsections, is an offence the penalty on conviction for which is the penalty specified. (2) Where in an Act a penalty is specified as described in subsection (1) in respect of a section or subsection that expressly creates an offence, the penalty for that offence on conviction is the penalty specified. (3) In this section a reference to a section or subsection of an Act includes a reference to a clause or subclause of a schedule to an Act. (4) This section applies, with any modifications that are necessary, to subsidiary legislation by which offences may be created or penalties may be imposed. [Section 72 inserted: No. 78 of 1995 s. 55; amended: No. 10 of 1998 s. 40(2); No. 24 of 2000 s. 19.]