97Offences

97 Offences (1) A person or body who is aware of a direction under section 96 must comply with the direction. (2) A person— (a) to whom electricity is supplied; and (b) who is aware of a direction restricting or prohibiting the use of electricity— must do everything reasonably possible to ensure that electricity is not used on the land or premises to which the electricity is supplied in contravention of the direction. (3) A person must not obstruct another person— (a) exercising a power given to; or (b) complying with an obligation imposed on— the other person under section 96 if the person has been shown a copy of the notice giving the power or imposing the obligation. (4) A person is deemed to be aware of a direction if the Minister has caused— (a) the direction to be published in a newspaper circulating throughout the area in which the direction applies; or (b) details of the direction to be broadcast by means of radio or television transmission throughout the area in which the direction applies. (5) In any proceedings for an offence against this section, a certificate purporting to be signed by the Minister to the effect that details of a direction were broadcast by means of radio or television transmission throughout a particular area on a specified day is evidence of the facts set out in the certificate. S. 97(6) amended by No. 68/2009 s. 97(Sch. item 49.2). (6) In any proceedings for an offence against this section, if a direction was made in respect of part of a day and first broadcast on that day, it is sufficient defence for the accused to prove that at the time of the commission of the offence, the accused— (a) did not know; and (b) could not reasonably have known— of the direction. (7) A person must not contravene subsection (1), (2) or (3). 1. in the case of a natural person, 100 penalty units. in the case of a body corporate, 10 000 penalty units. (8) An offence by a body corporate under subsection (7) is an indictable offence. (9) If an offence is committed by a person by reason of a failure to comply, within the period specified in a direction under subsection (1), with the requirements specified in the direction, the offence, for the purposes of subsection (10) is deemed to continue so long as any requirement specified in the direction remains undone, whether or not the period has elapsed. (10) If, under subsection (9), an offence is deemed to continue, the person who committed the offence commits an additional offence on each day during which the offence is deemed to continue and is liable, upon conviction for such an additional offence, to a penalty not exceeding one tenth of the penalty for the first-mentioned offence. (11) If a body corporate commits an offence against this section, any officer of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for it. (12) An offence under subsection (11) is an indictable offence. (13) A person may be proceeded against and convicted under a provision in accordance with subsection (11) whether or not the body corporate has been proceeded against or convicted under that provision. (14) If in a proceeding for an offence against this section it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention. (15) In subsection (11), ***officer***, in relation to a body corporate, means— (a) a director, secretary or executive officer of the body corporate; or (b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or (c) a person concerned in the management of the body corporate. (16) If this section provides that a person is guilty of an offence, that reference to a person must— (a) in the case of a partnership, be read as a reference to each member of the partnership; and (b) in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of the body or association.