Further offence for continuing failure to do required act
478 Further offence for continuing failure to do required act
If a provision of this Act requires an act to be done, the obligation to do the act continues until the act is done —
even if a person has been convicted of an offence in relation to the failure to do the act; and
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.
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.
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.
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.
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.]
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