Interpretation and General Clauses Act · s 37

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37.
Punishment for misdemeanours and other contraventions in absence of specific provision
(1) If, by virtue of the Application of Laws Act (Chapter 2), a contravention of any act made by competent authority in the United
Kingdom or any act constitutes a common law misdemeanour, and no express provision has been made for the punishment thereof, then, that act or that contravention may be punished by a fine and imprisonment for a term of 3 years, and a Court of a Magistrate shall have jurisdiction.
(2) Subject as provided in subsection (3), a contravention of a written law which has not expressly been declared to be an offence shall constitute an offence: Penalty, in the case of a written law other than subsidiary legislation, a fine of $8,000 and imprisonment for 6 months; and, in the case of subsidiary legislation, a fine of $4,000.
(3) Subsection (2) does not apply —
(a) if some other remedy is provided by the relevant Act;
(b) without prejudice to disciplinary proceedings in respect thereof, if the contravention consists merely of the dereliction of a duty imposed on an officer in the Government service; or
(c) to a breach of subsidiary legislation which contains any provision declaring which breaches shall constitute offences.

Interpretation and General Clauses 42
(4) The penalties provided by subsection (2) shall be applicable also if a contravention of a written law has been declared to be an offence but no provision has been made for the punishment thereof.

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s 37Punishment for misdemeanours and other contraventions in absence of specific provision

(1)

If, by virtue of the Application of Laws Act (Chapter 2), a contravention of any act made by competent authority in the United

Kingdom or any act constitutes a common law misdemeanour, and no express provision has been made for the punishment thereof, then, that act or that contravention may be punished by a fine and imprisonment for a term of 3 years, and a Court of a Magistrate shall have jurisdiction.

(2)

Subject as provided in subsection (3), a contravention of a written law which has not expressly been declared to be an offence shall constitute an offence: Penalty, in the case of a written law other than subsidiary legislation, a fine of $8,000 and imprisonment for 6 months; and, in the case of subsidiary legislation, a fine of $4,000.

(3)

Subsection (2) does not apply —

(a)

if some other remedy is provided by the relevant Act;

(b)

without prejudice to disciplinary proceedings in respect thereof, if the contravention consists merely of the dereliction of a duty imposed on an officer in the Government service; or

(c)

to a breach of subsidiary legislation which contains any provision declaring which breaches shall constitute offences.

Interpretation and General Clauses 42

(4)

The penalties provided by subsection (2) shall be applicable also if a contravention of a written law has been declared to be an offence but no provision has been made for the punishment thereof.