117DWater meters

#### 117D Water meters 117D Water meters > > (1) A person who— > > > > > (a) intentionally, fraudulently or by culpable negligence— > > > > > > > (i) damages a metering or measuring device fitted (in compliance with a direction given under section 117A) to a bore, > > > > > > > (ii) prevents any such metering or measuring device from recording the quantity of water taken from the bore, or uses any means whereby water so taken is not recorded by the metering or measuring device, or > > > > > > > (iii) without the consent of the Ministerial Corporation given in writing, interferes with any such metering or measuring device, or > > > > > (b) being the holder of the licence in respect of the bore, suffers, permits or directs any other person to do any of the acts specified in paragraph (a), > > > > is guilty of an offence and is liable, on conviction— > > > > > (c) where the offence was committed by a corporation—to a penalty not exceeding 200 penalty units, or > > > > > (d) where the offence was committed by any other person—to a penalty not exceeding 100 penalty units or to imprisonment for a term not exceeding 12 months, or both. > > > (2) In any prosecution for an offence under subsection (1), proof of the existence of— > > > > > (a) any means for preventing a metering or measuring device from recording the quantity of water taken from the bore to which the metering or measuring device is fitted, or > > > > > (b) any means whereby water is taken from the bore without being recorded by the metering or measuring device, > > > > shall be admissible as evidence that the prevention or, as the case may be, the use of the means was caused by the holder of the licence authorising the use of the bore. > > > (3) For the purpose of ascertaining whether an offence under subsection (1) has been committed, the Ministerial Corporation may, by any of its officers, employees or agents, enter on any land and dismantle for inspection a metering or measuring device referred to in that subsection. > > **s 117D:** Ins 1984 No 66, Sch 1 (3). Am 1992 No 112, Sch 1; 1997 No 128, Sch 1 \[14\].