Here is the clarification (for clarity):
Clarification 2 2006
Ruling in Law by the Designated Members of the Rugby Committee
Clarification
2-2006
Union / HP Ref Manager
FFR
Law Reference
19,21
Date
10 January 2006
Request
Law 19.1 (e) stipulates:
“Penalty kick. When a player kicks to touch from a penalty kick anywhere in the playing area, the throw in is taken from where the ball went into touch.”
Law 19.4 (Exception) has the following precision.
“When a team takes a penalty kick, and the ball is kicked into touch, the throw in is taken by the player of the team who took the penalty kick. This applies whether the ball was kicked directly or indirectly into touch.”
Finally,
Law 21.4 (d) requires for “kicking for touch. The kicker may punt or drop kick for touch but must not place kick for touch.”
Following a penalty kick and after the ball was kicked, the ball hits the goal post and goes into touch without having been touched by another player.
What decision should the referee give?
Ruling of the designated members of the Rugby Committee
If the penalty kick is for goal, then it is a lineout defending team to throw in.
Law 21.4(d).
If the penalty kick is for touch, therefore no place kick, then it is a lineout attacking team to throw in.
The lineout in either of these situations may not be closer than 5 metres from the goal line. Law 19.4 Exception.