Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who
commits an offence against this Act for which no penalty is specifically
provided is liable, on summary conviction —
(a) in
the case of an individual, to —
(i)
for a first offence, $20 000 and imprisonment for
9 months; and
(ii)
for a second or subsequent offence, $40 000 and
imprisonment for 2 years,
and in any case, to a
daily penalty of $400; and
(b) in
the case of a body corporate, to —
(i)
for a first offence, $50 000; and
(ii)
for a second or subsequent offence, $100 000,
and in any case, to a
daily penalty of $1 000.
(2) Where an offence
under this Act which has been committed by a body corporate is proved to have
been committed with the consent or connivance of, or to be attributable to any
neglect on the part of, any director, manager, secretary or other similar
officer of the body corporate, or any person who was purporting to act in any
such capacity, he as well as the body corporate shall be deemed to have
committed that offence and is liable to be proceeded against and punished
accordingly.
(3) If a person is
convicted of an offence against this Act in relation to any object, place or
thing, the object, place or thing is to be taken as being the property of the
Minister for the purposes of making a reparation order under Part 16 of the
Sentencing Act 1995 .
(4) If under Part 16
of the Sentencing Act 1995 a compensation order is made in favour of the
Minister, any money received by the Minister under the order is to be credited
to the Consolidated Account 2 .
[Section 57 amended by No. 78 of 1995
s. 4 and 147; No. 50 of 2003 s. 35(2).]
[ 58. Deleted by No. 8 of 1980 s. 12.]