(b) commits a waste offence on
a separate subsequent occasion within 5 years after that conviction.
:
Maximum penalty--The maximum monetary penalty provided by this Act for the
commission of the waste offence by an individual or imprisonment for 2 years,
or both.
(3) A reference in this section to a conviction for a waste offence
includes a conviction before or after the commencement of this section and a
conviction for an offence against this section.
(4) If the court is satisfied
that a person charged with an offence against this section is not guilty of
that offence but is satisfied on the evidence that the person is guilty of the
waste offence to which the charge relates, the court may find the person
guilty of the waste offence, and the person is liable to punishment
accordingly.
(5) Proceedings for an offence against this section may not be
dealt with before the Local Court despite section 215.