s 40 Amendment of Fourth and Fifth Schedules
40.—(1) Subject to subsections (2) and (3), the Minister may, by order in the Gazette, amend the Fourth or Fifth Schedule. (2) The Minister must not amend the Fourth or Fifth Schedule to increase the maximum penalty for any of the offences in the Schedules. (3) The Minister may amend the Fourth or Fifth Schedule to include a new offence provided that the maximum penalty for the new offence does not exceed a fine of $2,000 or a term of imprisonment of 12 months and, in the case of a continuing offence, the maximum penalty does not exceed a fine of $200 for every day or part of a day during which the offence continues after conviction. (4) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.[31