Control of Essential Supplies Act 1973 · 2020 Revised Edition · Part 3 · Offences and Penalties
22. Penalties
Feedback & supportAny person, other than a body corporate, but including a director or an officer of a body corporate, who commits an offence under this Act shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.
offence under this Act
“offence under this Act” includes any contravention of or failure to comply with any order or regulation made under this Act and any contravention of or failure to comply with the terms and conditions of any licence or permit issued or authority granted under this Act or the regulations made thereunder and any failure to comply with any request or direction lawfully made or given thereunder;
Any body corporate which commits an offence under this Act shall be liable on conviction to a fine not exceeding $20,000.
Where any person is convicted of an offence under this Act, the court by which the person is so convicted may, whether or not it imposes any other penalty —
make an order —
cancelling any licence issued under section 7 to the person, or to any firm of which the person is a partner, or to any corporation of which the person is a director or an officer; and
debarring the person or the firm or corporation from obtaining a new licence either absolutely or for a period that the court may determine; or
suspend the licence for a period that the court may determine.
Where a person charged with an offence under this Act is a body corporate —
every person who, at the time of the commission of the offence, is a director or an officer of that body corporate may be charged jointly in the same proceedings with the body corporate; and
where the body corporate is convicted of the offence charged — every such director or officer shall be deemed to be guilty of the offence unless he or she proves that the offence was committed without his or her knowledge or that he or she took reasonable precautions to prevent its commission.
Any person who would have been liable for an offence under this Act to any penalty for anything done or omitted to be done if the thing had been done or omitted to be done by him or her personally shall be liable to the same penalty if the thing has been done or omitted to be done by his or her partner, agent or employee, unless he or she proves that he or she took reasonable precautions to prevent the doing or omission of that thing.