Section 117 — Offence of not complying with section 116 direction

(1)A person to whom a section 116 direction is addressed and given commits an offence if the person —

(a)intentionally carries on an activity in contravention of the direction;

(b)neglects or refuses to comply with the direction; or

(c)fails to comply with a condition specified in the direction.

(2)A person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)where the person is an individual —

(i)to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)where the person is not an individual —

(i)to a fine not exceeding $30,000; or

(ii)where the person is a repeat offender — to a fine not exceeding $60,000.

(3)Subsection (2) does not apply if the person has a reasonable excuse.

(4)In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —

(a)is convicted, or found guilty, of such an offence (called the current offence); and

(b)has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).