(13) A vendor who fails or refuses to comply with a request under subsection (12) shall be guilty of an offence. (14) If in proceedings for an offence under subsection S. 42B(14) amended by (11) it is proved to the satisfaction of the court— No. 68/2009 s. 97(Sch. item 50.9). (a) that the accused purchased the substance S. 42B(14)(a) amended by with a warranty from the vendor that the No. 68/2009 substance was unleaded petrol; and s. 97(Sch. item 50.9). (b) that at the time of the alleged offence the S. 42B(14)(b) amended by substance was in the same state as when the No. 68/2009 accused purchased it— s. 97(Sch. item 50.9). the accused shall be discharged from the prosecution. (15) The provisions of subsections (8) to (15) of section 42A apply, with any necessary modifications, in relation to subsection (11) of this section. 43 Penalty S. 43 amended by Nos 9758 Any person who contravenes any of the preceding s. 5(a)(b), 9803 provisions of this Part shall be guilty of an s. 5(2)(b), 10092 indictable offence against this Act and liable to a s. 29(3)(a), penalty of not more than 2400 penalty units and in 87/1989 s. 7(a), the case of a continuing offence to a daily penalty 86/1990 of not more than 1200 penalty units for each day s. 5(a)(b), 49/2000 the offence continues after conviction or after s. 3(15)(Sch. service by the Authority on the accused of notice item (12) (a)–(c)), of contravention of the preceding provisions of 68/2009 this Part (whichever is the earlier). s. 97(Sch. item 50.10).
(13) A vendor who fails or refuses to comply with a request under subsection (12) shall be guilty of an offence. S. 42B(14) amended by No. 68/2009 s. 97(Sch. item 50.9). (14) If in proceedings for an offence under subsection (11) it is proved to the satisfaction of the court— S. 42B(14)(a) amended by No. 68/2009 s. 97(Sch. item 50.9). (a) that the accused purchased the substance with a warranty from the vendor that the substance was unleaded petrol; and S. 42B(14)(b) amended by No. 68/2009 s. 97(Sch. item 50.9). (b) that at the time of the alleged offence the substance was in the same state as when the accused purchased it— the accused shall be discharged from the prosecution. (15) The provisions of subsections (8) to (15) of section 42A apply, with any necessary modifications, in relation to subsection (11) of this section. S. 43 amended by Nos 9758 s. 5(a)(b), 9803 s. 5(2)(b), 10092 s. 29(3)(a), 87/1989 s. 7(a), 86/1990 s. 5(a)(b), 49/2000 s. 3(15)(Sch. item (12) (a)–(c)), 68/2009 s. 97(Sch. item 50.10). 43 Penalty Any person who contravenes any of the preceding provisions of this Part shall be guilty of an indictable offence against this Act and liable to a penalty of not more than 2400 penalty units and in the case of a continuing offence to a daily penalty of not more than 1200 penalty units for each day the offence continues after conviction or after service by the Authority on the accused of notice of contravention of the preceding provisions of this Part (whichever is the earlier).
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