§ 214 — Unauthorised individual carrying on prescribed pesticide work

214.—(1) An individual commits an offence if —(a)

the individual carries on, or causes or permits to be carried on, any prescribed pesticide work for reward; and

(b)

the individual —(i)

is not a certified pesticide operator authorised to carry out that kind of prescribed pesticide work;

(ii)

is not doing so under the direction or supervision of a certified pesticide operator authorised to carry out that kind of prescribed pesticide work; and

(iii)

is not exempt under section 320 or 321 from this section.

(2) An individual who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

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

(b)

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.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means an individual 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 individual is convicted or found guilty of the current offence, of an offence under subsection (1).

—(1) An individual commits an offence if —(a)

the individual carries on, or causes or permits to be carried on, any prescribed pesticide work for reward; and

(b)

the individual —(i)

is not a certified pesticide operator authorised to carry out that kind of prescribed pesticide work;

(ii)

is not doing so under the direction or supervision of a certified pesticide operator authorised to carry out that kind of prescribed pesticide work; and

(iii)

is not exempt under section 320 or 321 from this section.

(2) An individual who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

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

(b)

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.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means an individual 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 individual is convicted or found guilty of the current offence, of an offence under subsection (1).