Western Australian Current Acts

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MARKETING OF POTATOES ACT 1946 - SECT 41

41 .         Offences

        (1)         Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act.

        (2)         A person guilty of an offence against this Act for which no other penalty is provided is, subject to subsection (4), liable to a penalty not exceeding $5 000.

        (3)         Proceedings for offences against this Act shall be heard and determined summarily.

        (4)         Where a body corporate is convicted of an offence under this Act, the penalty that the court may impose is a fine not exceeding 5 times the maximum amount that, but for this subsection, the court could impose as a pecuniary penalty for that offence.

        (5)         Where a court convicts a person of an offence against this Act, the court may, in addition to any other penalty imposed under this Act, order the forfeiture to the Crown —

            (a)         where the commission of the offence involved the sale of any potatoes, of any moneys or cheques that are the proceeds of the sale; and

            (b)         of any potatoes the subject of the offence; and

            (c)         of any packaging used in connection with the offence.

        (6)         Where a court convicts a person of an offence against this Act, the court may, in addition to any penalty imposed under this Act, cancel, or suspend for any period, any licence or permit held by the person.

        (7)         In any proceedings for an offence under this Act, an inspector authorised for the purpose by the chief executive officer of the Corporation may appear on behalf of the Corporation.

        [Section 41 amended by No. 29 of 1957 s. 5; No. 55 of 1966 s. 8; No. 96 of 1985 s. 22; No. 20 of 1989 s. 3; No. 11 of 1995 s. 53.]



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