72Prescribed offences and penalties for Division 5

72 Prescribed offences and penalties for Division 5

[Section 72 Substituted by No. 56 of 2000, s. 33, Applied:14 Jul 2000]

(1)  The regulations may prescribe offences for the purposes of this Division and the penalties applicable under this Division to those offences.

(2)  The offences that may be prescribed for the purposes of subsection (1) may include –

(a) any offence that is an offence under this Act or the regulations; or

(b) [Section 72 Subsection (2) amended by No. 22 of 2020, Sched. 2, Applied:01 Jan 2021] any offence that is an offence under the Pollution of Waters by Oil and Noxious Substances Act 1987 , the Marine-related Incidents (MARPOL Implementation) Act 2020 or regulations made under either of those Acts; or

(c) any offence under section 63(2)(c) of the Land Use Planning and Approvals Act 1993 .

(3)  Regulations made for the purposes of subsection (1) may provide that an offence is a prescribed offence for the purposes of this Division only if it is constituted by conduct of a type specified in the regulations.

(4)  [Section 72 Subsection (4) amended by No. 22 of 2020, Sched. 2, Applied:01 Jan 2021] If an offence under the Pollution of Waters by Oil and Noxious Substances Act 1987 , the Marine-related Incidents (MARPOL Implementation) Act 2020 , regulations made under either of those Acts or section 63(2)(c) of the Land Use Planning and Approvals Act 1993 is prescribed by the regulations for the purposes of this Division –

(a) this Division applies in respect of that offence; and