42Offences and penalties

42 Offences and penalties

[Section 42 Substituted by No. 7 of 2007, s. 13, Applied:30 Apr 2007]

(1)  Rules made under this Division may provide that –

(a) a contravention of any of the rules is an offence; and

(b) in respect of any such offence, provide for the imposition of –

(i) a penalty of either or both of the following:

(A) imprisonment for a term not exceeding 2 years;

(B) a fine not exceeding 5 000 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues; or

(ii) a penalty specified in the regulations.

(2)  Rules made under this Division may –

(a) provide that an offence under the rules is a prescribed offence for the purposes of Division 5 of Part 9 (an offence in respect of which an infringement notice may be served); and

(b) prescribe the penalty or special penalty, or both, for that prescribed offence.