First Previous (PART VIII. Inspection, Search and Arrest.)

1 1934



Penalties for Offences, and Legal Proceedings.

Penalties for offences.

33. —Every person guilty of an offence under this Act shall be liable—

(a) on summary conviction thereof to a fine not exceeding fifty pounds, or to imprisonment with or without hard labour for a term not exceeding six months, or to both such fine and imprisonment; or

(b) on conviction thereof on indictment, to a fine not exceeding five hundred pounds, or to penal servitude for a period not exceeding five years, or to both such fine and penal servitude;

and shall, in every case on conviction for the offence, forfeit all articles in respect of which the offence was committed, and the court before which the offender was convicted may order the forfeited articles to be destroyed or otherwise disposed of as the court thinks fit.

Onus of proof.

34. —In any proceedings for an offence under this Act, it shall not be necessary to negative by evidence any permit, licence, authority, or other matter of exception or defence, and the burden of proving such matter shall be on the person seeking to avail himself thereof.

Time limits for summary proceedings.

35. —(1) Summary proceedings in respect of an offence under this Act may be brought either within six months from the commission of the offence or within three months from the date when evidence to sustain the prosecution came to the notice of the Attorney-General.

(2) A certificate under the hand of the Attorney-General as to the date on which evidence to sustain a prosecution for an offence under this Act came to his notice shall for the purposes of this section be conclusive.