102—Provisions relating to orders under this Division
(1) The court may
stipulate that a suspension, disqualification or prohibition order under this
Division is to apply—
(a)
permanently; or
(b) for
a specified period; or
(c)
until further order.
(2) A person who
contravenes an order under this Division is, in addition to liability for
contempt of the order, guilty of an offence.
Maximum penalty: $100 000.
(3) In proceedings for
an offence against subsection (2) involving an alleged contravention of
an order prohibiting a person from being in, on, or in the vicinity of,
particular waters without a lawful purpose, the prosecution need not prove the
absence of a lawful purpose and the burden is on the defendant to prove a
purpose on which he or she relies.
(4) If an authority
has been suspended under this Division, the authority may be renewed but
remains subject to suspension until the expiration of the period of
suspension.
(5) If an appeal has
been instituted against a conviction, an order made under this Division by the
convicting court is suspended until determination of the appeal.