141General penalty provisions

##### 141 General penalty provisions (1) A person who: (a) does an act or thing that he is forbidden to do by or under a provision of this Act; (b) does not do an act or thing that he is required or directed to do by or under a provision of this Act; or (c) otherwise contravenes or fails to comply with a provision of this Act; is, unless that provision or another provision of this Act provides that he is guilty of an offence, guilty of an offence by virtue of this subsection. (2) A person who is guilty of an offence against this Act, whether by virtue of subsection (1) or otherwise, is punishable, upon conviction, by a penalty not exceeding the penalty applicable to the offence. (3) Where: (a) a section that does not consist of 2 or more subsections provides that a person is in circumstances referred to in the section guilty of an offence; or (b) subsection (1) operates in relation to a provision of this Act that is contained in a section that does not consist of 2 or more subsections so as to make a person guilty of an offence; and a penalty, pecuniary or otherwise, is set out at the foot of the section, the penalty applicable to the offence is the penalty so set out. (4) Where: (a) a subsection of a section that consists of 2 or more subsections provides that a person is in circumstances referred to in the subsections guilty of an offence; or (b) subsection (1) operates in relation to a provision of this Act that is contained in the subsection of a section that consists of 2 or more subsections so as to make a person guilty of an offence; then: (c) if a penalty, pecuniary or otherwise, is set out at the foot of the subsection—the penalty applicable to the offence is the penalty set out at the foot of the subsection; or (d) if a penalty, pecuniary or otherwise, is set out at the foot of the section and no penalty is set out at the foot of the subsection—the penalty applicable to the offence is the penalty set out at the foot of the section. (5) Where each of 2 or more subsections of a section contains one of the following provisions: (a) a provision that a person is in circumstances referred to in the subsection guilty of an offence; (b) a provision in relation to which subsection (1) operates so as to make a person guilty of an offence; and a penalty, pecuniary or otherwise, is set out at the foot of each of those subsections, the penalty applicable in relation to an offence created by either or any of those subsections, or in relation to an offence created by subsection (1) in relation to a provision contained in either or any of those subsections, is the penalty set out at the foot of the subsection concerned. (6) Except as provided by subsections (3), (4) and (5), the penalty applicable in relation to an offence against this Act is a fine of $500.