10Offences

10 Offences

(1)  *[Section 10 Subsection (1) amended by No. 98 of 1987, s. 6 and Sched. 1 ]*Any recording authority which fails to comply with section 7 (3) or 8 (11) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units and, in the case of a continuing offence, is liable to a further penalty not exceeding 0·5 penalty unit for each day during which the offence continues.

(2)  A complaint for an offence under subsection (1) may be laid by the Attorney-General or by a person claiming to be aggrieved by the matter to which the offence relates.

(3)  *[Section 10 Subsection (3) amended by No. 98 of 1987, s. 6 and Sched. 1 ]*Any person who obtains information from a prescribed record without lawful authority or by means of a deception or bribe is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 12 months, or both.

(4)  Without limiting the generality of the meaning of the expression "without lawful authority" in subsection (3) , a person obtains information without lawful authority for the purpose of that subsection if he obtains that information with the authority of a person employed by or for the purposes of a recording authority in circumstances in which he knows, or ought to know, that the person so employed is not authorized by the authority to provide that information.

(5)  For the purpose of subsection (3) –

deception means any deception, whether deliberate or reckless, by words or conduct as to fact or law, including a deception as to the present intention of the person using the deception or of any other person.