(a) intentionally, fraudulently or by culpable negligence:
(i) damages a metering or measuring device fitted (in compliance with a
direction given under section 117A) to a bore,
(ii) prevents any such
metering or measuring device from recording the quantity of water taken from
the bore, or uses any means whereby water so taken is not recorded by the
metering or measuring device, or
(iii) without the consent of the Ministerial
Corporation given in writing, interferes with any such metering or measuring
device, or
(b) being the holder of the licence in respect of the bore,
suffers, permits or directs any other person to do any of the acts specified
in paragraph (a),
is guilty of an offence and is liable, on conviction:
(c)
where the offence was committed by a corporation--to a penalty not exceeding
200 penalty units, or
(d) where the offence was committed by any other
person--to a penalty not exceeding 100 penalty units or to imprisonment for a
term not exceeding 12 months, or both.
(2) In any prosecution for an offence
under subsection (1), proof of the existence of:
(a) any means for preventing
a metering or measuring device from recording the quantity of water taken from
the bore to which the metering or measuring device is fitted, or
(b) any
means whereby water is taken from the bore without being recorded by the
metering or measuring device,
shall be admissible as evidence that the
prevention or, as the case may be, the use of the means was caused by the
holder of the licence authorising the use of the bore.
(3) For the purpose of
ascertaining whether an offence under subsection (1) has been committed, the
Ministerial Corporation may, by any of its officers, employees or agents,
enter on any land and dismantle for inspection a metering or measuring device
referred to in that subsection.
