Hazardous Substances and New Organisms Act 1996

114 Penalties

(1)

Every person who commits an offence against paragraph (a) or paragraph (aa) or paragraph (b) or paragraph (c) or paragraph (d) or paragraph (e) or paragraph (ea) or paragraph (eb) of section 109(1) is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $500,000 and, if the offence is a continuing one, to a further fine not exceeding $50,000 for every day or part of a day during which the offence has continued.

(2)

Every person who commits an offence against paragraph (f) or paragraph (g) or paragraph (h) or paragraph (i) of section 109(1), or section 156(1), is liable on conviction to a fine not exceeding $50,000 and, if the offence is a continuing one, to a further fine not exceeding $5,000 for every day or part of a day during which the offence has continued.

(3)

Every person who commits an offence against paragraph (j) or paragraph (k) or paragraph (l) or paragraph (m) of section 109(1) is liable on conviction to a fine not exceeding $5,000.

(4)

Where any person is convicted of an offence against section 109, the court may, instead of or in addition to imposing any fine or term of imprisonment, revoke any transferable permit held by that person.

(5)

Where any person is convicted of an offence against section 109, the court may, instead of or in addition to imposing any fine or term of imprisonment, order the person to mitigate or remedy any adverse effects on people or the environment—

(a)

caused by or on behalf of the person; or

(b)

relating to any land of which the person is the owner or occupier—

or to pay the costs of doing so.

(6)

Where any person is convicted of an offence against section 109, the court may, instead of or in addition to imposing any fine or term of imprisonment, order the destruction of any new organism.

(6A)

To avoid doubt, the court may make an order under either or both of subsection (5) and subsection (6) against the same person in respect of the same offence.

(7)

The continued existence of anything, or the intermittent repetition of any actions, contrary to any provision of this Act shall be deemed to be a continuing offence.

Section 114(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 114(1): amended, on 22 December 2005, by section 30 of the Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Act 2005 (2005 No 123).

Section 114(1): amended, on 23 December 2004, by section 13 of the Hazardous Substances and New Organisms (Stockholm Convention) Amendment Act 2003 (2003 No 37).

Section 114(1): amended, on 24 March 2004, by section 8 of the Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Act 2004 (2004 No 7).

Section 114(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 114(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 114(6A): inserted, on 30 October 2003, by section 51 of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).