28Aggravated provision of unauthorised services

#### 28 Aggravated provision of unauthorised services 28 Aggravated provision of unauthorised services > > (1) A person is guilty of the offence of aggravated provision of an unauthorised taxi service or booking service if the person commits an offence under section 27 (1) in circumstances of aggravation. > > > > Maximum penalty (instead of any penalty under section 27 (1))— > > > > > (a) in the case of an individual—$50,000, or > > > > > (b) in the case of a body corporate— > > > > > > > (i) if a court determines that one or more persons have obtained benefits that are reasonably attributable to the commission of the offence and can determine the total value of those benefits—3 times that total value or $10,000,000, whichever is the greater, or > > > > > > > (ii) if the court does not determine that one or more persons have obtained any such benefits whose value can be determined—$500,000. > > > (2) For the purposes of this section, an offence under section 27 (1) is committed by a person in circumstances of aggravation in the case of a taxi service if the person— > > > > > (a) commits the offence (wholly or partly) by facilitating the provision of taxi services, and > > > > > (b) recruits affiliated providers or other persons for the purpose of providing the taxi services facilitated, and > > > > > (c) has previously been convicted of an offence under section 27 (1) in the circumstances specified in paragraphs (a) and (b). > > > (3) For the purposes of this section, an offence under section 27 (1) is committed by a person in circumstances of aggravation in the case of a booking service if the person— > > > > > (a) is not the provider of the passenger service for which the booking service is provided, and > > > > > (b) recruits other persons for the purpose of providing the passenger service for which the booking service is provided, and > > > > > (c) has previously been convicted of an offence under section 27 (1) in the circumstances specified in paragraphs (a) and (b). > > > (4) If the court is satisfied that a person charged with an offence of aggravated provision of an unauthorised taxi service or booking service is not guilty of that offence but is satisfied on the evidence that the person is guilty of an offence under section 27 (1), the court may find the person guilty of the offence under that section, and the person is liable to punishment accordingly.