47Increase in penalties for certain offences

47 Increase in penalties for certain offences

47 Increase in penalties for certain offences

(1) The maximum penalty for an offence against section 9(1), 37, 38 or 50(1) is increased as provided by this section if the prosecution proves the person who committed the offence was, at the time the offence was committed, a relevant person.

(2) The maximum penalty for the offence is double the penalty specified for the offence in the relevant section.

(3) The Court must not impose a penalty for an offence on the basis of this section unless the process by which the proceedings are commenced specifies that the factor mentioned in subsection (1) applies to the commission of the offence.

(4) In this section—

relevant person means a person who—

(a) is a manufacturer or producer of the item, or

(b) supplies the item while carrying on a business as a wholesaler or distributor.