(1) The regulations may make provision enabling a person who is alleged to have committed:
(a) an offence against:
(i) subsection 38BA(3); or
(ii) subsection 38EA(4); or
(b) an offence against the regulations;
to pay a specified penalty to the Commonwealth as an alternative to prosecution.
(2) The penalty must not exceed an amount equal to one - fifth of the maximum fine that a court could impose on the person for that offence.