NSWIn ForceAct
Mining Act 1992
378YOperation of Division
Start here
Get a plain-English read of 378Y
Turn the raw legal text into a practical explanation grounded in Mining Act 1992.
#### 378Y Operation of Division
378Y Operation of Division
> > (1) This Division applies where a court finds an offence against this Act or the regulations proved.
>
> > (2) Without limiting the generality of subsection (1), a court finds an offence proved if—
> >
> > > (a) the court convicts the offender of the offence, or
> >
> > > (b) the court makes an order under section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) against the offender in relation to the offence (in which case the order is not a punishment for the purposes of that section).
>
> > (3) In this Division—
> >
> > the court means the court that finds the offence proved.
> >
> > the offender means the person who is found to have committed the offence.
>
> **s 378Y:** Ins 2008 No 19, Sch 1 \[258\].