Continuing offence
113 Continuing offence
A person found guilty of an offence against a provision of this
Act in respect of a continuing act or omission:
in addition to the penalty otherwise applicable to the offence –
is liable to a penalty for each day during which the act or omission continued of not more than one-fifth of the penalty prescribed for that offence; and
if the act or omission continues after the finding of guilt –
is guilty of a further offence against the provision and liable (in addition to the penalty otherwise applicable to the further offence) to a penalty for each day during which the act or omission continued after the finding of guilt of not more than one-fifth of the penalty prescribed for the offence.
If an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.
This Act’s bill:Second reading speech
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