s 36 General penalty
36.—(1) Any person who contravenes any of the provisions of this Act for which no penalty is expressly provided shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.[35/2010] (2) Despite any of the provisions of this Act, no person who has, at any time before 1 October 1976, contravened any of the provisions of this Act, shall be punished by way of a fine or imprisonment in respect thereof. (3) If the person committing an offence under this Act is a company, a limited liability partnership, a society, an association or other organisation or body, every individual who at the time the offence was committed was a director, partner, general manager, manager, president, secretary or other officer of the company, limited liability partnership, society, association, organisation, or body concerned in the management of the company, limited liability partnership, society, association, organisation or body or who was purporting to act in any such capacity, as well as the company, limited liability partnership, society, association, organisation or body (as the case may be), shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (4) It is a defence for the individual referred to in subsection (3) if he or she proves that the offence was committed without his or her consent or connivance and that he or she exercised such diligence to prevent the commission of the offence as he or she ought to have exercised having regard to the nature of his or her functions and to all other circumstances.