9. Contravention of notice

    (1) Where a person is given a notice under section 7 or 8, that person

    (a) shall not use, dispose of, or otherwise deal with any agricultural produce, animal, plant, food or other substance contrary to the notice, or cause or permit any of those things to be done;

    (b) shall not cause or permit animals to be grazed or plants to be grown on land contrary to the notice;

    (c) shall comply with every direction contained in the notice requiring anything to be destroyed or disposed of in accordance with, and, subject to section 8(2), within the time specified for that purpose in, the notice.

    Penalty: $3 000.

    (2) Where a person is convicted of an offence of using, disposing of, or otherwise dealing with anything contrary to a notice under section 7(1) or 8 or of causing or permitting any of those things to be done and anything that

    (a) was so used, disposed of, or otherwise dealt with; or

    (b) was derived from an animal or plant involved in the commission of the offence and but for the conduct constituting the offence would not have been so derived,

    is no longer in the possession of the person convicted but has not been forfeited pursuant to section 23, the court may impose, in addition to any penalty that may be imposed under subsection (1), a further penalty not exceeding twice the value of anything used, disposed of, or otherwise dealt with as referred to in paragraph (a) or derived as referred to in paragraph (b).

    (3) The certificate of the Minister, or an officer authorised by the Minister to give such a certificate, as to

    (a) the fact that anything was derived from an animal or plant alleged to be involved in the commission of an offence and but for the conduct constituting the alleged offence would not have been so derived;

    (b) the fact that anything is no longer in the possession of the alleged offender and has not been forfeited under section 23;

    (c) the value of anything required to be ascertained for the purpose of determining the maximum further penalty that may be imposed under subsection (2),

    is, without proof of the signature or the official capacity or authorisation of the person purporting to have signed the certificate, sufficient evidence of the matters certified.

    [Section 9 amended by No. 20 of 1989 s. 3.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.