Commonwealth Numbered Acts

Commerce (Trade Descriptions) Amendment Act 1981 No. 151 of 1981 - SECT 3

3. (1) Section 12 of the Principal Act is amended by adding at the end thereof
the following sub-sections:

''(2) A person who contravenes sub-section (1), where the description relates,
or purports to relate, to food, is guilty of an indictable offence and,
subject to this section, is punishable on conviction by a fine not exceeding
$100,000 or imprisonment for a period not exceeding 5 years, or both.

''(3) Notwithstanding that an offence referred to in sub-section (2) is an
indictable offence, a court of summary jurisdiction may hear and determine
proceedings in respect of such an offence if the court is satisfied that it is
proper to do so and the defendant and the prosecutor consent.

''(4) Where, in accordance with sub-section (3), a court of summary
jurisdiction convicts a person of an offence referred to in sub-section (2),
the penalty that the court may impose is a fine not exceeding $5,000 or
imprisonment for a period not exceeding 1 year, or both.

''(5) A person who contravenes sub-section (1), otherwise than as mentioned in
sub-section (2), is guilty of an offence and is punishable on conviction by a
fine not exceeding $200.''.

(2) Section 12 of the Principal Act is amended by omitting ''Penalty: Two
hundred dollars.''.
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