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ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 211 Continuing offences

ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 211

Continuing offences

    (1)     If a provision of this Act requires a person to do an act, the obligation to do the act continues until the person does the act—

        (a)     even if the person has already been convicted of an offence for the failure to do the act; and

        (b)     even if the provision required the person to do the act within a particular period or before a particular time and that period has ended or that time passed.

    (2)     If a person is convicted of an offence (a primary conviction ) for a failure to do an act (whether it is the first or a second or subsequent offence in relation to the failure) and the person continues to fail to do the act after the time of the conviction, the person commits a further offence for the continuing failure.

    (3)     The further offence is constituted by the person's failure to do the act during the period (the further offence period ) that begins with the primary conviction and ends when proceedings for the further offence are commenced or the act concerned is done (whichever occurs first).

    (4)     For the purpose of subsection (3), proceedings for the further offence are taken to commence on the day the charge-sheet for the further offence is filed or signed in accordance with section 6 of the Criminal Procedure Act 2009 .

    (5)     The maximum penalty for the further offence is the penalty calculated by multiplying one penalty unit by the number of days in the further offence period.