Page:Public Order (Additional Temporary Measures) Act 2014.pdf/9

Rh (2) Subject to subsection (3) and sections 6 and 7, a person who sells or supplies any alcohol on any premises (whether or not licensed premises) in a special zone shall be guilty of an offence and—
 * (a) shall be liable on conviction to a fine not exceeding $5,000; and
 * (b) where the person is a repeat offender, shall be liable on conviction to a fine of not less than $5,000 but not exceeding $10,000 or to imprisonment for a term not exceeding 3 months or to both.

(3) It shall be a defence to a prosecution for an offence under subsection (1) or (2) if the accused proves, on the balance of probabilities, that—
 * (a) the act constituting the offence occurred in an emergency and was necessary to preserve life or prevent injury;
 * (b) the act constituting the offence was carried out for a religious service conducted by a person approved by the Commissioner; or
 * (c) the act constituting the offence was carried out in a special zone in accordance with a permit for that special zone.

(4) For the purposes of this section—
 * (a) a person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted, or found guilty, of an offence under that subsection (referred to in this paragraph as the current consumption offence) has been convicted or found guilty of an offence under that same subsection on at least one other occasion before the date on which the person is convicted or found guilty of the current consumption offence; or
 * (b) a person is a repeat offender in relation to an offence under subsection (2) if the person who is convicted, or found guilty, of an offence under that subsection (referred to in this paragraph as the current supply offence) has been convicted or found guilty of an offence under that same subsection on at