New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 18

18 Interpretation of provisions imposing penalties

(1) The penalty--

(a) specified at the end of a section of an Act (whether or not the section is divided into subsections), or

(b) specified at the end of a subsection of a section of an Act, but not at the end of the section, or

(c) specified at the end of a section of an Act or subsection of a section of an Act and expressed in such a way as to indicate that it applies to part only of the section or subsection,

indicates that a contravention of the section, subsection or part, respectively, is an offence against the Act, punishable on conviction by a penalty not exceeding the penalty so specified.

(2) For the purposes of subsection (1), a penalty specified at the end of the last subsection of a section is taken not to be specified at the end of the section if a penalty is specified at the end of any previous subsection.

(3) If--

(a) a section of an Act, or a subsection of a section of an Act, provides that a person is guilty of an offence under specified circumstances, and

(b) a penalty is specified at the end of the section or subsection and expressed in such a way as to indicate that it applies to the section or subsection,

a person who is guilty of such an offence is liable, on conviction, to a penalty not exceeding the penalty so specified.

(4) This section applies to a statutory rule in the same way as it applies to an Act, subject to any necessary modification.

(5) This section applies to a provision of an Act or statutory rule except in so far as the contrary intention appears in the Act or statutory rule concerned.