s 41 Offences, penalties and defences
41.—(1) Any person who contravenes section 35, 36(1)(a) or (2)(a) or 37(4)(a), (b) or (c)(i) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 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. (2) Any person who contravenes section 36(1)(b) or (2)(b), 37(4)(c)(ii), 39(5) or 40(2) or any condition imposed under section 37(2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 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. (3) Where a person is charged with an offence in respect of a contravention of section 35 or 36, it is a defence for the person to prove that —(a) the person was not aware that the person had contravened section 35 or 36, as the case may be; and (b) the person has, within 14 days of becoming aware that the person had contravened section 35 or 36 (as the case may be), notified the Minister of the contravention and, within the time that may be determined by the Minister, taken such actions in relation to the person’s shareholding or control of the voting power in the broadcasting company as the Minister may direct. (4) Where a person is charged with an offence in respect of a contravention of section 36(1), it is also a defence for the person to prove that, even though the person was aware of the contravention —(a) the contravention occurred as a result of an increase in the shareholding as described in section 36(4)(a) of, or in the voting power controlled by, any of his associates described in section 36(4)(c)(i); (b) the person has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of shares or other interests in, or under which they act together in exercising their voting power in relation to, the broadcasting company; and (c) the person has, within 14 days of the date of the contravention, notified the Minister of the contravention and, within the time that may be determined by the Minister, taken such action in relation to the person’s shareholding or control of the voting power in the broadcasting company as the Minister may direct. (5) Except as provided in subsections (3) and (4), it is not a defence for a person charged with an offence in respect of a contravention of section 35 or 36 to prove that the person did not intend to or did not knowingly contravene section 35 or 36, as the case may be.