135Penalty notice offences and penalties

#### 135 Penalty notice offences and penalties 135 Penalty notice offences and penalties > > (1) For the purposes of section 126 of the Act— > > > > > (a) each offence created by a provision of the [Marine Safety Act 1998](/view/html/inforce/current/act-1998-121) or by this Regulation made under that Act specified in Column 1 of Schedule 9 is an offence for which a penalty notice may be served, and > > > > > (b) the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of the Schedule. > > > (2) For the purposes of section 126 of the Act— > > > > > (a) each offence created by a provision of the [Marine Pollution Act 2012](/view/html/inforce/current/act-2012-005) or the regulations made under that Act specified in Column 1 of Schedule 10 is an offence for which a penalty notice may be served, and > > > > > (b) the penalty prescribed for each such offence is— > > > > > > > (i) in the case of an offence committed by a natural person—the amount specified opposite the provision in Column 2 of the Schedule, or > > > > > > > (ii) in the case of an offence committed by a corporation—the amount specified opposite the provision in Column 3 of the Schedule. > > > (3) If the reference to a provision in Column 1 of Schedule 9 or 10 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified. > > > (4) For the purposes of section 126 (6) of the Act, authorised officers are prescribed as a class of persons who are law enforcement officers in relation to the offences specified in Column 1 of Schedule 9 or 10. > > > (4A) For the purposes of section 126 (6) of the Act, an OSR employee is prescribed as belonging to a class of persons who are law enforcement officers in relation to detectable offences within the meaning of Schedule 1A to the Act. > > > (5) For the purposes of this Regulation, penalty amounts are expressed in terms of the following levels— > > > > Level 1 means a penalty of $100. > > > > Level 2 means a penalty of $250. > > > > Level 3 means a penalty of $500. > > > > Level 4 means a penalty of $750. > > > > Level 5 means a penalty of $1,500. > > > > Level 6 means a penalty of $5,000. > > > (6) For the purposes of this clause, OSR employee means a person who— > > > > > (a) is employed, including under a temporary hire arrangement, secondment or other arrangement, in the Office of State Revenue in the Department of Finance, Services and Innovation, and > > > > > (b) is authorised by the Commissioner of Fines Administration and is subject to the control and direction of the Commissioner of Fines Administration as an authorised officer. > > **cl 135:** Am 2016 (613), Sch 1 \[33\] \[34\]; 2017 No 22, Sch 3.46.