Western Australian Current Acts Western Australian Current Acts (1) A person who is
convicted of an offence under a provision of this Act specified in —
(a) Part
I of Schedule 5 is liable to —
(i)
a penalty which is not more than $500 and not less than
—
(A) in the case of a first such offence,
$50; and
(B) in the case of a second such offence,
$100; and
(C) in the case of a third or subsequent
such offence, $250;
and
(ii)
if that offence is a continuing offence, a daily penalty
which is not more than $50 and not less than $25;
(b) Part
II of Schedule 5 is liable to —
(i)
a penalty which is not more than $1 000 and not less than
—
(A) in the case of a first such offence,
$100; and
(B) in the case of a second such offence,
$200; and
(C) in the case of a third or subsequent
such offence, $500;
and
(ii)
if that offence is a continuing offence, a daily penalty
which is not more than $100 and not less than $50;
(c) Part
III of Schedule 5 is liable to —
(i)
a penalty which is not more than $2 000 and less than
—
(A) in the case of a first offence, $200;
and
(B) in the case of a second offence, $400;
and
(C) in the case of a third or subsequent
such offence, $1 000;
and
(ii)
if that offence is a continuing offence, a daily penalty
which is not more than $200 and not less than $100;
(d) Part
IV of Schedule 5 is liable to —
(i)
a penalty which is not more than $2 500 and not less than
—
(A) in the case of a first such offence,
$250; and
(B) in the case of a second such offence,
$500; and
(C) in the case of a third or subsequent
such offence, $1 250;
and
(ii)
if that offence is a continuing offence, a daily penalty
which is not more than $250 and not less than $125;
(e) Part
V of Schedule 5 is liable to —
(i)
a penalty which is not more than $3 000 and not less than
—
(A) in the case of a first such offence,
$300; and
(B) in the case of a second such offence,
$600; and
(C) in the case of a third or subsequent
offence, $1 500;
and
(ii)
if that offence is a continuing offence, a daily penalty
which is not more than $300 and not less than $150;
(f) Part
VI of Schedule 5 is liable to —
(i)
a penalty which is not more than $5 000 and not less than
—
(A) in the case of a first such offence,
$500; and
(B) in the case of a second such offence,
$1 000; and
(C) in the case of a third or subsequent
offence, $2 500;
and
(ii)
if that offence is a continuing offence, a daily penalty
which is not more than $500 and not less than $250;
or
(g) Part
VII of Schedule 5 is liable to —
(i)
a penalty which is not more than $10 000 or imprisonment
for a period of 12 months and not less than —
(A) in the case of a first such offence, $1
000; and
(B) in the case of a second such offence,
$2 000; and
(C) in the case of a third or subsequent
such offence, $5 000;
and
(ii)
if that offence is a continuing offence, a daily penalty
which is not more than $1 000 and not less than $500;
(h) Part
VIII of Schedule 5 is liable to —
(i)
a penalty which is not more than $15 000; and
(ii)
if that offence is a continuing offence, a daily penalty
which is not more than $1 000.
(2) Local laws and
regulations made under this Act may create offences with —
(a) a
maximum penalty of not more than $10 000; and
(b) if
the offence is a continuing offence, a daily penalty of not more than $1 000.
(3) For the purposes
of subsection (2) —
(a)
local laws and regulations may provide for the imposition of a minimum penalty
for an offence; and
(b) the
level of the penalty for an offence (whether the maximum penalty or a minimum
penalty) may be related to either or both of the following —
(i)
the circumstances or extent of the offence;
(ii)
whether the offender has committed previous offences and,
if so, the number of previous offences that the offender has committed.
[Section 360 inserted: No. 80 of 1987 s. 170;
amended: No. 59 of 1991 s. 18 and 26; No. 78 of 1995 s. 147; No. 14 of 1996 s.
4; No. 57 of 1997 s. 68(2); No. 62 of 1998 s. 6; No. 50 of 2003 s. 71(2); No.
43 of 2008 s. 147(16); No. 13 of 2014 s. 157; No. 19 of 2016 s. 90.]