Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person
who —
(a)
contravenes; or
(b) is
involved in a contravention of,
a provision of this
Act (other than section 10, 11 or 11A, or in circumstances to which
section 70 applies) is guilty of a crime.
Summary conviction penalty: the lesser of a fine
of $6 000 or the maximum penalty provided by this Act for the offence.
(2) A person guilty of
an offence against this Act (other than a breach of the regulations) for
which a penalty is not otherwise provided is, subject to subsection (3),
liable —
(a) in
the case of a person other than a body corporate — to a
penalty not exceeding $20 000; or
(b) in
the case of a body corporate — to a penalty not exceeding
$100 000.
(3)
Where —
(a) a
person is convicted, on the same or separate occasions, of 2 or more offences
constituted by, or relating to, contraventions of the same provision of this
Act; and
(b) the
contraventions are of the same or a substantially similar nature and occurred
at or about the same time (whether or not the person is also convicted of
other contraventions of that provision that were of a different nature or
occurred at a different time),
a court shall not
impose on the person for those offences fines that, in the aggregate, exceed
the maximum fine that would be applicable for a single offence against that
provision.
(4) If an Act or
omission is both an offence against this Act and an offence under a law
of the Commonwealth or a law in force elsewhere in Australia, a person
convicted of an offence under that law is not liable to be convicted of the
offence against this Act.
(5) Proceedings for an
offence against this Act may be commenced within 3 years after the
alleged commission of the offence.
(6) Where proceedings
in the Supreme Court or the District Court are taken against a person for
contravening, or being involved in a contravention of, a provision of this
Act, the Court, in addition to dealing with the offence charged,
may —
(a)
grant an injunction under section 74 or 75 against the person in relation
to —
(i)
the conduct that constitutes, or is alleged to
constitute, the contravention; or
(ii)
other conduct of that kind;
and
(b) make
an order under section 77 in relation to the contravention.
(7) If a person is
convicted of an offence against this Act, the court by which the conviction
was effected may order the offender to reimburse the Department for the cost
of purchasing or testing any goods to which the conviction relates.
(8) Where a person is,
by any conviction or order of a court, adjudged to pay a fine, or costs or
other sum of money in respect of an offence against this Act, the court by
which the conviction or order was effected or made may —
(a)
exercise any power that the court has apart from this section; or
(b) on
the application of the Minister or the Commissioner, order that the amount
unpaid be recoverable as if it were a judgment debt payable by the defaulter
to the Crown under a judgment entered up in the court.
[Section 69 amended by No. 4 of 2004
s. 58; No. 47 of 2006 s. 28.]