Commonwealth Numbered Acts

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COMPANIES (ACQUISITION OF SHARES) ACT 1980 No. 64 of 1980 - SECT 54

Continuing offences
54. (1) Where-

   (a)  by or under a section, or a sub-section of a section, of this Act an
        act or thing is required or directed to be done within a particular
        period or before a particular time;

   (b)  failure to do that act or thing within the period or before the time
        referred to in paragraph (a) constitutes an offence; and

   (c)  that act or thing is not done within the period or before the time
        referred to in paragraph (a), the following provisions have effect:

   (d)  the obligation to do that act or thing continues, notwithstanding that
        that period has expired or that time has passed, until the act or
        thing is done;

   (e)  where a person is convicted of an offence that, by virtue of paragraph
        (d), is constituted by failure to do that act or thing after the
        expiration of that period or after that time, as the case may be, that
        person is guilty of a separate and further offence in respect of each
        day after the day of the conviction during which the failure to do
        that act or thing continues; and

   (f)  the penalty for each such separate and further offence is a fine not
        exceeding $50.

(2) Where-

   (a)  by or under a section, or a sub-section of a section, of this Act an
        act or thing is required or directed to be done but no period within
        which or time by which that act or thing is to be done is specified;

   (b)  failure to do that act or thing constitutes an offence; and

   (c)  a person is convicted of an offence in respect of a failure to do that
        act or thing, that person is guilty of a separate and further offence
        in respect of each day after the day of the conviction during which
        the failure to do that act or thing continues and the penalty for each
        such separate and further offence is a fine not exceeding $50.

(3) Charges against the same person for any number of offences under
sub-section (1) or (2) may be joined in the same information if those offences
relate to a failure to do the same act or thing.

(4) If a person is convicted of more than one offence under paragraph (1) (e)
or more than one offence under sub-section (2), the court by which he is
convicted may impose one penalty in respect of all the offences of which the
person is so convicted under that paragraph or sub-section, as the case may
be, but that penalty shall not exceed the sum of the maximum penalties that
could be imposed if a penalty were imposed in respect of each offence
separately. 


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