Document ID: chunk:federal_register_of_legislation:C2004A00794:clause:1_2
Version: federal_register_of_legislation:C2004A00794
Segment Type: clause
Provision Reference: sch 1 cl 2
Character Range: 6641–7716

2  Subsection 4D(1)
Repeal the subsection, substitute:

 (1) Except so far as the contrary intention appears, a penalty, whether pecuniary or otherwise, set out at the foot of any provision of an Act as described in a paragraph of subsection (1A) indicates:
 (a) if the provision expressly creates an offence—that the offence is punishable on conviction by a penalty not exceeding the penalty so set out; or
 (b) in any other case—that contravention of the provision is an offence against the provision, punishable on conviction by a penalty not exceeding the penalty so set out.

 (1A) Subsection (1) applies to a penalty set out:
 (a) at the foot of a section of an Act; or
 (b) at the foot of a subsection of an Act, but not at the foot of the section containing the subsection; or
 (c) at the foot of a clause of any Schedule to an Act; or
 (d) at the foot of a subclause of any Schedule to an Act, but not at the foot of the clause containing the subclause.

 (1B) Subsection (1) does not affect the operation of subsection 4B(2), (2A) or (3).

Criminal Code Act 1995