128Continuing offences—default penalty

128 Continuing offences—default penalty (1) If a person is convicted of an offence against this Act in respect of which a default penalty is provided, or is served with an infringement notice in relation to such an offence, the person is guilty of a further offence in respect of each day the offence continues after the conviction or service of the notice and is liable to be fined up to the amount specified as the default penalty. (2) If an offence in respect of which there is a default penalty is committed by failing to comply with a provision of this Act within a period of time specified in the provision, for the purposes of this section the offence is deemed to continue even though that period of time has elapsed. (3) Subsection (1) does not apply if, owing to a circumstance such as the loss of a document needed to comply with this Act, it is not possible for a person to comply with the provision in respect of which the offence was committed. (4) Subsection (1) also does not apply if— (a) an infringement notice is served; and (b) one of the following occurs— (i) the infringement notice is withdrawn and no further proceedings are taken; or S. 128(4)(b)(ii) amended by No. 68/2009 s. 97(Sch. item 46). (ii) the offence in respect of which the infringement notice was issued is tried or heard before a court and the court does not find the offence proven. (5) If an infringement notice may be served in respect of an offence in respect of which there is a default penalty, it may also be served in respect of the continuing offence if an infringement notice default penalty is listed in column 2 of Schedule 2 with respect to the offence. (6) If an infringement notice may be served with respect to a continuing offence— (a) there is no limit to the number of infringement notices that may be served with respect to the offence; and (b) an infringement notice may be served with respect to a period of more than 1 day. S. 128(7) inserted by No. 32/2006 s. 94(Sch. item 10(3)). (7) This section applies despite anything to the contrary in the **Infringements Act 2006**. S. 129 repealed by No. 103/2004 s. 81(2).