Offence by occupier of premises
9 Offence by occupier of premises
After the service of a notice under section 6 on the occupier of premises of the making of a declaration, the occupier is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
An occupier of premises is not guilty of an offence under subsection (1) if the occupier proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.
After the service of a notice under section 6 on the occupier of premises of the making of a reputed criminal declaration, the occupier is guilty of an offence if, while the declaration is in force, a reputed criminal—
attends the premises, or
has, or takes part or assists in, the control or management of the premises.
Maximum penalty—150 penalty units or imprisonment for 3 years, or both.
An occupier of premises is not guilty of an offence under subsection (3) if the occupier proves that he or she has taken all reasonable steps to prevent a reputed criminal—
attending the premises, or
having, or taking part or assisting in, the control or management of the premises.
A person is not liable to be convicted of an offence under both subsections (1) and (3) in respect of essentially the same facts.
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