Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a person is
given a notice under section 7 or 8, that person —
(a)
shall not use, dispose of, or otherwise deal with any agricultural produce,
animal, plant, food or other substance contrary to the notice, or cause or
permit any of those things to be done;
(b)
shall not cause or permit animals to be grazed or plants to be grown on land
contrary to the notice;
(c)
shall comply with every direction contained in the notice requiring anything
to be destroyed or disposed of in accordance with, and, subject to
section 8(2), within the time specified for that purpose in, the notice.
Penalty: $3 000.
(2) Where a person is
convicted of an offence of using, disposing of, or otherwise dealing with
anything contrary to a notice under section 7(1) or 8 or of causing or
permitting any of those things to be done and anything that —
(a) was
so used, disposed of, or otherwise dealt with; or
(b) was
derived from an animal or plant involved in the commission of the offence and
but for the conduct constituting the offence would not have been so derived,
is no longer in the
possession of the person convicted but has not been forfeited pursuant to
section 23, the court may impose, in addition to any penalty that may be
imposed under subsection (1), a further penalty not exceeding twice the
value of anything used, disposed of, or otherwise dealt with as referred to in
paragraph (a) or derived as referred to in paragraph (b).
(3) The certificate of
the Minister, or an officer authorised by the Minister to give such a
certificate, as to —
(a) the
fact that anything was derived from an animal or plant alleged to be involved
in the commission of an offence and but for the conduct constituting the
alleged offence would not have been so derived;
(b) the
fact that anything is no longer in the possession of the alleged offender and
has not been forfeited under section 23;
(c) the
value of anything required to be ascertained for the purpose of determining
the maximum further penalty that may be imposed under subsection (2),
is, without proof of
the signature or the official capacity or authorisation of the person
purporting to have signed the certificate, sufficient evidence of the matters
certified.
[Section 9 amended by No. 20 of 1989
s. 3.]