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ELECTORAL DISCLOSURE AND FUNDING ACT 2023 (NO. 37 OF 2023) - SECT 166
Continuing offences
(1) If (a) by or under 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; and
(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 of
this subsection have effect: (d) the obligation to do that act or thing
continues, even though that period has expired or that time has passed, until
that act or thing is done;
(e) if a person is convicted of an offence that is
constituted by failure to do that act or thing within that period or before
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;
(f) the fine applicable to each
such separate and further offence is an amount not exceeding 0.5 penalty
units.
(2) If (a) by or under a section, or a subsection 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; and
(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
the 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 fine applicable to each such
separate and further offence is an amount not exceeding 0.5 penalty units.
(3) Charges against the same person for any number of offences under
subsection (1)(e) or subsection (2) may be joined in the same
complaint 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
subsection (1)(e) , or more than one offence under subsection (2) ,
the court may impose one penalty in respect of all the offences of which the
person is so convicted under subsection (1)(e) or subsection (2) ,
respectively, but that penalty is not to exceed the sum of the maximum
penalties that could be imposed if the penalty were imposed in respect of each
offence separately.
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