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ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 200 Continuing offences

ELECTORAL ACT 2004 (NO. 51 OF 2004) - SECT 200

Division 7 - Continuing offences Continuing offences

(1)  If –
(a) by or under a section, or a subsection of a section, of this Act an act or thing is required or directed to be done within a particular period or before a particular time; and
(b) failure to do that act or thing within the period, or before the time, referred to in paragraph (a) constitutes an offence; and
(c) that act or thing is not done within the period, or before the time, referred to in paragraph (a)  –
the following provisions of this subsection have effect:
(d) the obligation to do that act or thing continues, notwithstanding that that period has expired or that time has passed, until that act or thing is done;
(e) if a person is convicted of an offence that is constituted by failure to do that act or thing within that period or before that time, as the case may be, that person is guilty of a separate and further offence in respect of each day after the day of the conviction during which the failure to do that act or thing continues;
(f) the fine applicable to each such separate and further offence is an amount not exceeding 0.5 penalty units.
(2)  Where –
(a) by or under a section, or a subsection of a section, of this Act an act or thing is required or directed to be done but no period within which or time by which that act or thing is to be done is specified; and
(b) failure to do that act or thing constitutes an offence; and
(c) a person is convicted of an offence in respect of a failure to do that act or thing –
that person is guilty of a separate and further offence in respect of each day after the day of the conviction during which the failure to do that act or thing continues and the fine applicable to each such separate and further offence is an amount not exceeding 0.5 penalty units.
(3)  Charges against the same person for any number of offences under subsection (1)(e) or subsection (2) may be joined in the same complaint if those offences relate to a failure to do the same act or thing.
(4)  If a person is convicted of more than one offence under subsection (1)(e) or more than one offence under subsection (2) , the court may impose one penalty in respect of all the offences of which the person is so convicted under that subsection, but that penalty is not to exceed the sum of the maximum penalties that could be imposed if the penalty were imposed in respect of each offence separately.