s 40U Power to give directions
40U.—(1) Where any GHG goods that are regulated goods are supplied, or imported for a person’s own use, in contravention of section 40D, the Director-General may give a direction mentioned in subsection (2) in respect of those GHG goods (in such form and manner that the Director-General thinks fit) to —(a) any person that supplied or so imported the GHG goods; or (b) any person that is the owner of the GHG goods, and the person must comply with the direction. (2) A direction under subsection (1) may require the person to do all or any of the following (at the person’s own expense) within the period specified in the direction (or such longer time as the Director-General may allow in the particular case):(a) cease the supply or import of any GHG goods that are such regulated goods, or the use of any such GHG goods, as the case may be; (b) take specified steps (which may include the carrying out of works specified in the direction) to ensure that —(i) the GHG goods conform to either or both of the following:(A) the global warming potential limit for the class, description or type of regulated goods to which the GHG goods belong; (B) any other requirement prescribed for the class, description or type of regulated goods to which the GHG goods belong, relating to environmental protection and management; or (ii) the impact of the GHG goods on the environment is monitored or mitigated. (3) Where the person fails to comply with any specified steps in the direction, the Director-General may give a further direction to the person for the person to cease the supply or import of any GHG goods that are such regulated goods or the use of any such GHG goods (as the case may be) in the time specified in the direction, and the person must comply with the further direction. (4) The further direction under subsection (3) does not prevent subsection (5) from applying to the failure mentioned in subsection (3). (5) A person that, without reasonable excuse, fails to comply with a direction given to the person under subsection (1) or a further direction given to the person under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 3 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues after conviction.[Act 24 of 2021 wef 01/10/2022]