Section 45 of the Principal Act is amended as follows:

(a) by omitting paragraph (b) from subsection (3) and substituting the following paragraph:

(b) in respect of such an offence, provide –

(i) for a first offence – for the imposition of a fine not exceeding 20 penalty units for an individual or 100 penalty units for a body corporate; and

(ii) for a second or subsequent offence – for the imposition of a fine not exceeding 40 penalty units for an individual or 200 penalty units for a body corporate.

(b) by inserting the following subsections after subsection (3) :

(3A)  Any of the regulations regulating or restricting the mass of a vehicle or combination and its load, either generally or on a particular street, at a particular location or in any particular circumstance, may provide that a court must impose an additional penalty for each offence.

(3B)  A penalty under subsection (3A) is to be calculated in the manner prescribed in the regulations, with reference to the amount by which the mass transmitted to the road by the vehicle or combination, or part of the vehicle or combination, exceeds that permitted by the regulations.

(c) by inserting the following subsection after subsection (6) :

(7)  Any penalty imposed by virtue of subsection (3A) on the conviction of a person for an offence –

(a) if the offence was committed on a State highway or subsidiary road within the meaning of the Roads and Jetties Act 1935 , is to be paid into the State Highways Trust Fund; and

(b) if the offence was committed elsewhere, is to be paid into the municipal fund of the council of the municipal area in which the place at which the offence was committed is situated.