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Part · Penal Provisions

39. Penalties prescribed to be maximum penalties

Whenever, in or by virtue of any written law, a penalty, whether of imprisonment or fine, is prescribed for an offence the penalty shall imply —

(a)

that the offence shall be punishable upon conviction by a penalty not exceeding the penalty prescribed; and

(b)

if the amount of the fine is unspecified, that the offence shall, without prejudice to any provision of law against excessive and unreasonable fines and assessments, be punishable by a fine of any amount.

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