is guilty of an offence by virtue of this subsection, unless that or another provision of this Act provides that the person:

(d)

is guilty of an offence; or

(e)

is not guilty of an offence.

(1A) Paragraphs (1)(a), (b) and (c) only apply to a provision in the following list if a penalty, pecuniary or otherwise, is set out in Schedule 3 for that provision, or for a provision or provisions in which that provision is included:

(a)

Chapters 2A, 2B and 2C;

(b)

Parts 2F.2 and 2F.3;

(c)

Chapters 2G, 2H, 2J, 2M (other than Part 2M.4), 2N and 5A;

(d)

Parts 5B.1 and 5B.3;

(e)

Chapter 10.

(2) Subject to section 1312, a person who is guilty of an offence against this Act, whether by virtue of subsection (1) or otherwise, is punishable, on conviction, by a penalty not exceeding the penalty applicable to the offence. (3) Where:

(a)

subsection (1) operates in relation to a provision of this Act so as to make a person guilty of an offence; or

(b)

a provision of this Act (other than this section) provides that a person is, in circumstances referred to in the provision, guilty of an offence;