539Further offence for failure to do required act

539 Further offence for failure to do required act

539 Further offence for failure to do required act

(1) If a provision of this Law requires an act to be done, the obligation to do the act continues until the act is done—

(a) even if the person has been convicted of an offence for the failure to do the act; and

(b) even if the provision required the act to be done within a particular period or before a particular time and the period has ended or the time passed.

(2) If a person is convicted of an offence (a primary conviction) for a failure to do an act (whether it is the first or a second or subsequent offence in relation to the failure) and the failure to do the act continues after the time of the conviction, the person commits a further offence for the continuing failure.

(3) The further offence is constituted by the failure to do the act during the period (the further offence period) that starts with the primary conviction and ends when proceedings for the further offence are started or the act concerned is done (whichever happens first).

(4) Proceedings for a further offence are taken to be started on the day the information or other initiating process for the further offence is laid or commenced or an earlier day stated in the information or process for the purpose.

(5) The maximum penalty for the further offence is the penalty worked out by multiplying $50 by the number of days in the further offence period.