Document ID: chunk:federal_register_of_legislation:C2004A03104:schedule:2:p12
Version: federal_register_of_legislation:C2004A03104
Segment Type: schedule
Provision Reference: sch 2 (pt 12/48)
Character Range: 66155–69086

Department of Aviation".

Sub-section 20 (2)—
Omit "in pursuance of the last preceding sub-section", substitute "pursuant to sub-section (1)".

Section 21—
Omit "fourteen of this Act", substitute "14".

Section 23—
Omit "Penalty: Imprisonment for two years.", substitute "Penalty for contravention of this sub-section: Imprisonment for 2 years.".

Section 24—
Omit "two", substitute "2".

Section 27—
Omit "1947", substitute "1947".

Section 29—
Repeal the section, substitute the following section:

Punishment of offences
"29. (1) An offence against this Act is an indictable offence and, subject to sub-sections (2) and (3), is punishable on conviction by a penalty not exceeding the penalty provided by this Act in respect of the offence.
"(2) Notwithstanding that an offence against this Act is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and the defendant and prosecutor consent.
"(3) Where, in accordance with sub-section (2), a court of summary jurisdiction convicts a person of an offence against this Act, the penalty that the court may impose is a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both.".

Section 31—
Omit "Penalty: Imprisonment for five years.", substitute "Penalty for contravention of this sub-section: Imprisonment for 5 years.".

Section 32—
Omit "six", substitute "6".

Designs Act 1906

Section 36—
Omit "Three years' imprisonment", substitute "$5,000 or imprisonment for 2 years, or both".

SCHEDULE 1—continued

Sub-section 40f (2)—
Omit all the words after "sub-section (1).", substitute the following:
     "Penalty:
     (a) in the case of a natural person—$5,000 or imprisonment for 2 years, or both; or
     (b) in the case of a body corporate—$25,000.".

Sub-section 42b (1)—
Add at the foot the following:
"Penalty: $1,000 or imprisonment for 6 months, or both.".

Sub-section 42b (2)—
Omit "Penalty: $100.", substitute the following:
"Penalty for contravention of this sub-section:
     (a) in the case of a natural person—$1,000 or imprisonment for 6 months, or both; or
     (b) in the case of a body corporate—$5,000.".

Section 42c—
Omit "$100", substitute "$1,000 or imprisonment for 6 months, or both".

Sub-section 45 (1)—
Omit "Penalty: $200.", substitute the following:
     "Penalty:
     (a) in the case of a natural person—$1,000; or
     (b) in the case of a body corporate—$5,000.".

After section 45—
Insert the following section:

Certain offences indictable
"45a. (1) An offence against section 36 or sub-section 40f (2) is an indictable offence.
"(2) Notwithstanding that an offence against section 36 or sub-section 40f (2) is an indictable offence, a court of summary jurisdiction may hear and determine proceedings in respect of such an offence if the court is satisfied that it is proper to do so and