Document ID: chunk:federal_register_of_legislation:F2016C00503:schedule:1:p14
Version: federal_register_of_legislation:F2016C00503
Segment Type: schedule
Provision Reference: sch 1 (pt 14/16)
Character Range: 36897–39521

penalty is the maximum fine for an individual who is found guilty of the offence by a court.
 (2) A reference in an offence provision in this Act to an infringement notice penalty is the fine payable for the offence under an infringement notice issued to an individual.
      Drafting note: Penalty levels proposed in this Act are indicative only.
 (3) For any offence under this Act, the court‑imposed penalty for a body corporate is 5 times the court‑imposed penalty for an individual.
      Drafting note: This provision may not be required in certain jurisdictions that have this provision in Acts of general application.
 (4) A sanction available under the C & E Act may be applied in relation to an offence under this Act, unless the sanction is only able to be applied in relation to a breach of a mass, dimension or load restraint requirement under the C & E Act.

35.  Provisions relating to first offences and second or subsequent offences
 (1) This section determines whether, for the purposes of this Act, an offence is –
 (a) a first offence; or
 (b) a second or subsequent offence.
 (2) A person is found guilty of a second or subsequent offence if, and only if, the occasion when the second or subsequent offence occurred –
 (a) was different from the occasion when the first offence for which the person was found guilty occurred; and
 (b) was within 3 years, or another period specified by the regulations, of the occasion of the first offence.
 (3) The order in which the offences were committed is irrelevant.
 (4) It is also irrelevant whether or not the offences were subject to the same penalties.
 (5) If the court is satisfied that a person is guilty of an offence but cannot determine (from the information available to the court) whether the offence is a first offence for which the person was found guilty, the court may only impose a penalty for the offence as if it were a first offence.
 (6) When determining whether a person has previously been found guilty of an offence under this Act, the court must have regard to a finding of guilt for an offence committed under corresponding provisions of a corresponding law.
 (7) The regulations may make further provision about determining what is, or is not, to be treated as a corresponding provision of a corresponding law.

Part 4—Regulations

36.  Regulations
 (1) The <insert appropriate authority> may make regulations for or with respect to any matter –
 (a) that is required or permitted to be prescribed by this Act; or
 (b) that is necessary or convenient to be prescribed to give effect to this Act.
 (2) The regulations may incorporate