Commonwealth Numbered Acts

Health Acts Amendment Act 1981 No. 118 of 1981 - SECT 91

91. After section 25 of the Principal Act the following sections are inserted:
Prosecution of offences

''25A. (1) Notwithstanding that an offence referred to in sub-section 25 (2)
is an indictable offence, a court of summary jurisdiction may hear and
determine proceedings in respect of such an offence if the court is satisfied
that it is proper to do so and the defendant and the prosecution consent.

''(2) Where, in accordance with sub-section (1), a court of summary
jurisdiction convicts a person of an indictable offence, the penalty that the
court may impose is-

   (a)  if the offender is a natural person-a fine not exceeding $1,000 or
        imprisonment for a period not exceeding 6 months, or both; or

   (b)  if the offender is a body corporate-a fine not exceeding $5,000.
        Continuing offences

''25B. (1) Where-

   (a)  by or under a provision of this Act a person is required or directed
        to do an act or thing within a particular period;

   (b)  failure by that person to do that act or thing within that period
        constitutes an offence; and

   (c)  the person does not do that act or thing within that period, the
        following provisions of this sub-section have effect:

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

   (e)  the person is guilty of a separate and further offence in respect of
        each day after the expiration of that period during which the failure
        to do that act or thing continues; and

   (f)  the punishment for each such separate and further offence is a fine
        not exceeding $200.

''(2) Charges against the same person for any number of offences under
paragraph (1) (e) may be joined in the same information or complaint if those
offences relate to a failure to do the same act or thing.

''(3) If a person is convicted of more than one offence under paragraph (1)
(e), the court may impose one fine in respect of all the offences of which the
person is so convicted under that paragraph but that fine shall not exceed the
sum of the maximum fines that could be imposed if a fine were imposed in
respect of each offence separately.''.