45Regulations generally

### 45 Regulations generally > > (1)  The Governor may make regulations for the purposes of this Act. > > > (2)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations. > > > (3)  The regulations may – > > > > > > (a) provide that a contravention of any of the regulations is an offence; and > > > > > > > (b) [*\[Section 45 Subsection (3) amended by No. 71 of 2001, s. 11, Applied:01 Jan 2002\]*](/view/html/inforce/2002-01-01/act-2001-071#GS11@Hpa@EN) in respect of such an offence, provide – > > > > > > > > > > (i) for a first offence – for the imposition of a fine not exceeding 20 penalty units for an individual or 100 penalty units for a body corporate; and > > > > > > > > > > > (ii) for a second or subsequent offence – for the imposition of a fine not exceeding 40 penalty units for an individual or 200 penalty units for a body corporate. > > > (3A)  [*\[Section 45 Subsection (3A) inserted by No. 71 of 2001, s. 11, Applied:01 Jan 2002\]*](/view/html/inforce/2002-01-01/act-2001-071#GS11@Hpb@EN) Any of the regulations regulating or restricting the mass of a vehicle or combination and its load, either generally or on a particular street, at a particular location or in any particular circumstance, may provide that a court must impose an additional penalty for each offence. > > > (3B)  [*\[Section 45 Subsection (3B) inserted by No. 71 of 2001, s. 11, Applied:01 Jan 2002\]*](/view/html/inforce/2002-01-01/act-2001-071#GS11@Hpb@EN) A penalty under [subsection (3A)](#GS45@Gs3A@EN) is to be calculated in the manner prescribed in the regulations, with reference to the amount by which the mass transmitted to the road by the vehicle or combination, or part of the vehicle or combination, exceeds that permitted by the regulations. > > > (4)  [*\[Section 45 Subsection (4) amended by No. 19 of 2007, s. 10, Applied:01 Aug 2007\]*](/view/html/inforce/2007-08-01/act-2007-019#GS10@EN) The regulations may authorise any matter to be from time to time determined, approved, applied or regulated by the Minister, the Registrar or another nominated person. > > > (5)  The regulations may contain provisions of a savings or transitional nature. > > > (6)  A provision of a regulation made under [subsection (5)](#GS45@Gs5@EN) may, if the regulation so provides, operate retrospectively from the first day on which provisions of this Act commence or a specified later day. > > > (7)  [*\[Section 45 Subsection (7) inserted by No. 71 of 2001, s. 11, Applied:01 Jan 2002\]*](/view/html/inforce/2002-01-01/act-2001-071#GS11@Hpc@EN) Any penalty imposed by virtue of [subsection (3A)](#GS45@Gs3A@EN) on the conviction of a person for an offence – > > > > > > (a) if the offence was committed on a State highway or subsidiary road within the meaning of the [Roads and Jetties Act 1935](/view/html/inforce/2026-04-12/act-1935-082) , is to be paid into the State Highways Trust Fund; and > > > > > > > (b) if the offence was committed elsewhere, is to be paid into the municipal fund of the council of the municipal area in which the place at which the offence was committed is situated.