(1) The regulations may make provision enabling a person who is alleged to have committed an offence against this Act, other than an offence against subsection 43(1), 62(1), 100C(1), 120(3), 121(3), 127(3), 128(3), 153(3), 154(4), 155(4), 163A(2) or 163A(5), or section 123 or 130, to pay a penalty to the Commonwealth as an alternative to prosecution.
(2) The penalty must not exceed one - fifth of the maximum fine that a court could impose on the person as a penalty for that offence.