135Penalties not at end of sections and subsections

135 Penalties not at end of sections and subsections (1) This section applies if a penalty (however expressed) is stated in a provision of a law other than at the end of a section or subsection. (2) If an offence is expressly mentioned in the provision, the penalty indicates that the offence is punishable on conviction as provided by subsection (4). A person who contravenes s (3) commits an offence punishable by a fine of not more than 20 penalty units.

(3) If an offence is not expressly mentioned in the provision, the penalty indicates that contravention of the provision (or a stated part of the provision) is an offence punishable on conviction as provided by subsection (4). A person who contravenes s (3) must pay a fine of not more than 20 penalty units. (4) The penalty that may be imposed for the offence is— (a) if only a single penalty is stated (whether as a maximum penalty or a penalty)—not more than the stated penalty; or (b) if a minimum as well as a maximum penalty is stated—not less than the minimum and not more than the maximum. (5) In working out for this section whether a penalty is at the end of a section or subsection, the position of any example or note is to be disregarded.

Purpose and scope Part 14.1 Chapter 14 Interpretation of Acts and Part 14.1 Purpose and scope 136 Meaning of Act—ch 14 Act includes a statutory instrument. Note Section 7 (3) provides that a reference to an Act includes a reference to a provision of an Act. Section 13 (3) provides that a reference to a statutory instrument includes a reference to a provision of a statutory instrument.