NSWIn ForceAct
Assisted Reproductive Technology Act 2007
58Offence of carrying on business while prohibited
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#### 58 Offence of carrying on business while prohibited
58 Offence of carrying on business while prohibited
> > (1) A person who is prohibited under this Part from carrying on a business that provides ART services for any period is guilty of an offence if the person—
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> > > (a) carries on a business that provides ART services during that period in contravention of the prohibition, or
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> > > (b) offers to provide ART services at any premises to which the prohibition applies during that period.
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> > Maximum penalty—
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> > > (a) in the case of a corporation, 800 penalty units for a first offence or 1,600 penalty units for a second or subsequent offence, or
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> > > (b) in any other case, 400 penalty units for a first offence or 800 penalty units for a second or subsequent offence.
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> > (2) If a continuing state of affairs is created by an offence under this section, the offender is liable to a penalty of not more than—
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> > > (a) 100 penalty units in the case of a corporation, or
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> > > (b) 50 penalty units in any other case,
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> > in respect of each day on which that offence continues, in addition to the penalty specified in subsection (1).