Page:Workplace Safety and Health Act 2006.pdf/53

Rh :(i) in the case of a natural person, not exceeding $2,000 for every day or part thereof during which the offence continues after conviction; or
 * (ii) in the case of a body corporate, not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.

Penalty for repeat offenders

51. Where a person —
 * (a) has on at least one previous occasion been convicted of an offence under this Act (but not including the regulations) that causes the death of any person; and
 * (b) is subsequently convicted of the same offence that causes the death of another person,

the court may, in addition to any imprisonment if prescribed, punish the person with—
 * (i) in the case of a natural person, a fine not exceeding $400,000, and, in the case of a continuing offence, with a further fine not exceeding $2,000 for every day or part thereof during which the offence continues after conviction; and
 * (ii) in the case of a body corporate, a fine not exceeding $1 million and, in the case of a continuing offence, with a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.

Power of court to order cause of contravention to be remedied

52.—(1) Where any person is convicted of an offence under this Act, the court may, in addition to or instead of imposing any penalty, order him to take, within the time specified in the order (or within such further time as the court may allow), such steps as may be so specified for remedying the matters in respect of which the contravention occurred.

(2) Subject to subsection (3), where an order is made under subsection (1), the convicted person shall not be liable under this Act in respect of the continuation of the contravention during the time specified in the order or allowed by the court to remedy the matters in respect of which the contravention occurred.