§ 88 — Offences under this Part

88.—(1) A person that —(a)

without reasonable excuse, refuses or fails to comply with an order under section 87(1)(b), (c) or (d);

(b)

in purported compliance with an order made under section 87(1)(b) or (c), provides to the Authority or transmits to a regulatory authority any material or copy of material known to the person to be false or misleading in a material particular; or

(c)

in purported compliance with an order made under section 87(1)(d), makes a statement to the Authority that is false or misleading in a material particular,

shall be guilty of an offence.

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

in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or

(b)

in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

(3) A person that is guilty of an offence under subsection (1)(b) or (c) shall be liable on conviction —(a)

in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; or

(b)

in any other case, to a fine not exceeding $100,000.

—(1) A person that —(a)

without reasonable excuse, refuses or fails to comply with an order under section 87(1)(b), (c) or (d);

(b)

in purported compliance with an order made under section 87(1)(b) or (c), provides to the Authority or transmits to a regulatory authority any material or copy of material known to the person to be false or misleading in a material particular; or

(c)

in purported compliance with an order made under section 87(1)(d), makes a statement to the Authority that is false or misleading in a material particular,

shall be guilty of an offence.

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

in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or

(b)

in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.

(3) A person that is guilty of an offence under subsection (1)(b) or (c) shall be liable on conviction —(a)

in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; or

(b)

in any other case, to a fine not exceeding $100,000.