Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_40
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 40
Character Range: 385012–386060

40  Penalties
 (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 enactment as described in a paragraph of subsection (2) 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.
 (2) Subsection (1) applies to a penalty set out:
 (a) at the foot of a section of an enactment; or
 (b) at the foot of a subsection of an enactment, but not at the foot of the section containing the subsection; or
 (c) at the foot of a clause of any Schedule to an enactment; or
 (d) at the foot of a subclause of any Schedule to an enactment, but not at the foot of the clause containing the subclause.
 (3) Subsection (1) does not affect the operation of section 16 or 16A of the Sentencing Act 2007.