Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Any
person who contravenes or fails to comply with any provision of this Act
shall be guilty of an offence against this Act.
(2) A person guilty of
an offence against this Act for which no other penalty is provided is, subject
to subsection (4), liable to a penalty not exceeding $5 000.
(3) Proceedings for
offences against this Act shall be heard and determined summarily.
(4) Where a body
corporate is convicted of an offence under this Act, the penalty that the
court may impose is a fine not exceeding 5 times the maximum amount that, but
for this subsection, the court could impose as a pecuniary penalty for that
offence.
(5) Where a court
convicts a person of an offence against this Act, the court may, in addition
to any other penalty imposed under this Act, order the forfeiture to the
Crown —
(a)
where the commission of the offence involved the sale of any potatoes, of any
moneys or cheques that are the proceeds of the sale; and
(b) of
any potatoes the subject of the offence; and
(c) of
any packaging used in connection with the offence.
(6) Where a court
convicts a person of an offence against this Act, the court may, in addition
to any penalty imposed under this Act, cancel, or suspend for any period, any
licence or permit held by the person.
(7) In any proceedings
for an offence under this Act, an inspector authorised for the purpose by the
chief executive officer of the Corporation may appear on behalf of the
Corporation.
[Section 41 amended by No. 29 of 1957
s. 5; No. 55 of 1966 s. 8; No. 96 of 1985 s. 22;
No. 20 of 1989 s. 3; No. 11 of 1995 s. 53.]