Crown Minerals Act 1991

101 Penalties

(1)

Every person who commits an offence against section 100(1) is liable on conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding $400,000, and, if the offence is a continuing one, to a further fine not exceeding $20,000 for every day or part of a day during which the offence continues.

(2)

Every person who commits an offence against section 100(2) is liable on conviction to a fine not exceeding $20,000, and, if the offence is a continuing one, to a further fine not exceeding $2,000 for every day or part of a day during which the offence continues.

(2A)

Every person who commits an offence against section 100(2A) is liable on conviction to the following:

(a)

in the case of section 100(2A)(a), a fine not exceeding $800,000:

(b)

in the case of section 100(2A)(b), a fine not exceeding $200,000:

(c)

in the case of section 100(2A)(c), a fine not exceeding $50,000.

(3)

Every person who commits an offence against section 100(3) is liable on conviction to a fine not exceeding $3,000.

(3A)

Every person who commits an offence against section 100(3A) is liable on conviction to a fine not exceeding $800,000.

(4)

A court may sentence any person who commits an offence against this Act to a sentence of community work, and the provisions of Part 2 of the Sentencing Act 2002, with all necessary modifications, apply accordingly.

(5)

Where a person is convicted of an offence against section 77, the court may, instead of, or in addition to, imposing a fine, cancel or revoke the right of access or impose additional conditions on the right where it considers it is appropriate to do so in the circumstances.

(6)

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 101(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 101(1): amended, on 24 May 2013, by section 54(1)(a) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 101(1): amended, on 24 May 2013, by section 54(1)(b) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 101(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 101(2): amended, on 24 May 2013, by section 54(2)(a) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 101(2): amended, on 24 May 2013, by section 54(2)(b) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 101(2A): inserted, on 19 February 2019, by section 19 of the Crown Minerals Amendment Act 2019 (2019 No 2).

Section 101(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 101(3): amended, on 24 May 2013, by section 54(3) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 101(3A): inserted, on 24 May 2013, by section 54(4) of the Crown Minerals Amendment Act 2013 (2013 No 14).

Section 101(3A): amended, on 4 October 2013, by regulation 3(1) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Section 101(4): substituted, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).