Western Australian Current Acts Western Australian Current Acts (1) If a provision of
this Act requires an act to be done, the obligation to do the act continues
until the act is done —
(a) even
if a person has been convicted of an offence in relation to the failure to do
the act; and
(b) even
if the provision required the act to be done within a particular period or
before a particular time and that period has ended or that time has passed.
(2) If a person is
convicted of an offence (a primary conviction ) for a failure to do the act,
whether it is the first or a second or subsequent offence in relation to the
failure, and the failure to do the act continues after the time of the
conviction, the person commits a further offence for that continuing failure.
(3) That further
offence is constituted by the failure to do the act during the period (the
further offence period ) that begins with the primary conviction and ends when
proceedings for the further offence are commenced or the act concerned is
done, whichever happens first.
(4) Proceedings for
the further offence are taken to have been commenced on the day on which the
information for the further offence is laid or on an earlier day specified in
the information for that purpose.
(5) The maximum
penalty for the further offence is the penalty worked out by multiplying $50
by the number of days in the further offence period.
[Section 478 amended: No. 7 of 2016 s. 175.]