If the operator (being
a person other than the Commonwealth of Australia) commits, permits or suffers
any act, delay, neglect of omission, contrary to the provisions of sections
four and five of this Act and be liable to a penalty not exceeding fifty
pounds for every such offence and an additional penalty of forty shillings for
each day during which any such neglect, omission, or delay shall continue
after notice thereof by the Minister or local authority:
Provided that nothing
in this section contained shall relieve the operator (being either the
Commonwealth of Australia or any other person) from liability in respect of
the right of action or remedy of any person for any act, delay, neglect or
omission on the part of the operator contrary to the provisions of sections
four and five of this Act.