Clause 12

Any person who contravenes section 32(1), 33, 34(1), 35, 36, 37(5), 38(1), 39(1) or (2), 40(1) or (9) or 41(1) shall be guilty of an offence and —

in the case of any contravention of section 33, 34(1), 37(5), 39(2) or 41(1) —

the person shall be liable on conviction to a fine not exceeding $5,000; and

where the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both; and

in the case of any contravention of section 32(1), 35, 36, 38(1), 39(1) or 40(1) or (9) —

the person shall be liable on conviction to a fine not exceeding $10,000; and

where the person is a repeat offender, the person shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.(2) For the purposes of subsection (1), a person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted, or found guilty, of an offence under that subsection (referred to as the current offence) for contravening section 32(1), 33, 34(1), 35, 36, 37(5), 38(1), 39(1) or (2), 40(1) or (9) or 41(1) —

has been convicted or found guilty on at least one other earlier occasion of an offence under that subsection for contravening the same provision as the current offence; or

has (whether before, on or after the date of commencement of section 12 of the Environmental Public Health (Amendment) Act 2014) been convicted or found guilty on at least one other earlier occasion of an offence under section 42(1) in force immediately before that date for contravening the same provision as the current offence.”.