sec.36Penalty provision

### sec.36 Penalty provision A person who— being required by or under this Act (other than the regulations) to do anything, fails to comply with the requirement; or does anything in contravention of this Act (other than the regulations); commits an offence against this Act and, if no specific penalty is provided for that offence, is liable— in the case of an individual—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; or in the case of a body corporate—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units. Prosecution proceedings for an offence against this Act shall be taken in a summary way on the complaint of the chief executive or of a person authorised by the chief executive for the purpose, generally or in a particular case. A statement in a complaint that the complainant is duly authorised to lay the complaint is sufficient evidence of the complainant’s authority in the absence of evidence to the contrary. In respect of a continuing offence a complaint may be laid, from time to time until the offence is discontinued, alleging the commission of an offence over a period. However, an offender shall not be punished more than once in respect of any period. s 36 amd 1990 No. 73 s 3 sch 5 ; 1995 No. 9 s 92 sch 1 (sec.36-ssec.1) A person who— being required by or under this Act (other than the regulations) to do anything, fails to comply with the requirement; or does anything in contravention of this Act (other than the regulations); commits an offence against this Act and, if no specific penalty is provided for that offence, is liable— in the case of an individual—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; or in the case of a body corporate—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units. (sec.36-ssec.2) Prosecution proceedings for an offence against this Act shall be taken in a summary way on the complaint of the chief executive or of a person authorised by the chief executive for the purpose, generally or in a particular case. (sec.36-ssec.3) A statement in a complaint that the complainant is duly authorised to lay the complaint is sufficient evidence of the complainant’s authority in the absence of evidence to the contrary. (sec.36-ssec.4) In respect of a continuing offence a complaint may be laid, from time to time until the offence is discontinued, alleging the commission of an offence over a period. (sec.36-ssec.5) However, an offender shall not be punished more than once in respect of any period. - (a) being required by or under this Act (other than the regulations) to do anything, fails to comply with the requirement; or - (b) does anything in contravention of this Act (other than the regulations); - (c) in the case of an individual—to a penalty of 100 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 10 penalty units; or - (d) in the case of a body corporate—to a penalty of 200 penalty units and, in addition, where the offence is a continuing one, a daily penalty of 20 penalty units.