§ 6 — Penalty for section 5 offence

6.—(1) Subject to subsection (2), a person who is guilty of an offence under section 5(1) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.(2) Where a person commits an offence under section 5(1)(e) —(a)

by depositing or leaving, involving the use of a motor vehicle or vessel, any waste, goods or any other thing (whether or not of a similar kind) on State land without lawful authority; or

(b)

by causing or allowing an activity mentioned in paragraph (a) without lawful authority,

and the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.

(3) In this section —“motor vehicle” means a vehicle that —(a)

is propelled wholly or partly by a motor, or by any means other than human or animal power;

(b)

has 4 or more wheels; and

(c)

is used or intended to be used on any road,

and includes such a motor vehicle that is constructed to drive itself;

“repeat offender”, in relation to any offence under section 5(1)(e), means a person —(a)

who is convicted, or found guilty, of such an offence committed involving the use of a motor vehicle or vessel (called the current offence); and

(b)

who has, within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, been —(i)

convicted or found guilty of the same offence committed involving the use of a motor vehicle or vessel (whether or not a continuing offence) on at least one other earlier occasion; or

(ii)

convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of an offence under section 7(1)(b) of the repealed Act committed involving the use of a motor vehicle or vessel.

—(1) Subject to subsection (2), a person who is guilty of an offence under section 5(1) shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a continuing offence, to a further fine not exceeding $500 for every day or part of a day during which the offence continues after conviction.

(2) Where a person commits an offence under section 5(1)(e) —(a)

by depositing or leaving, involving the use of a motor vehicle or vessel, any waste, goods or any other thing (whether or not of a similar kind) on State land without lawful authority; or

(b)

by causing or allowing an activity mentioned in paragraph (a) without lawful authority,

and the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.

(3) In this section —“motor vehicle” means a vehicle that —(a)

is propelled wholly or partly by a motor, or by any means other than human or animal power;

(b)

has 4 or more wheels; and

(c)

is used or intended to be used on any road,

and includes such a motor vehicle that is constructed to drive itself;

“repeat offender”, in relation to any offence under section 5(1)(e), means a person —(a)

who is convicted, or found guilty, of such an offence committed involving the use of a motor vehicle or vessel (called the current offence); and

(b)

who has, within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, been —(i)

convicted or found guilty of the same offence committed involving the use of a motor vehicle or vessel (whether or not a continuing offence) on at least one other earlier occasion; or

(ii)

convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of an offence under section 7(1)(b) of the repealed Act committed involving the use of a motor vehicle or vessel.