Page:Massage Establishments Act 2017.pdf/30

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
MASSAGE ESTABLISHMENTS
31


(c) fails to comply with any condition of a licence,

shall be guilty of an offence and shall be liable on conviction—

(i) to a fine not exceeding $5,000; and
(ii) where the person is a repeat offender, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.

(2) For the purposes of subsection (1), a person is a repeat offender in relation to an offence under subsection (1) if the person who is convicted of—

(a) an offence under subsection (1)(a) has been convicted on at least one other earlier occasion of—
(i) an offence under subsection (1)(a); or
(ii) an offence under section 9(b) of the repealed Act, whether the conviction was before, on or after the date of commencement of this Act;
(b) an offence under subsection (1)(b) has been convicted on at least one other earlier occasion of—
(i) an offence under subsection (1)(b); or
(ii) an offence under section 9(c) of the repealed Act, whether the conviction was before, on or after the date of commencement of this Act; or
(c) an offence under subsection (1)(c) has been convicted on at least one other earlier occasion of—
(i) an offence under subsection (1)(c); or
(ii) an offence under section 9(d) of the repealed Act in relation to the contravention of any condition of a licence under the repealed Act, whether the conviction was before, on or after the date of commencement of this Act.

Notice to owner and occupier

28.—(1) Where a person is charged with an offence under section 5(4) for contravening section 5(1) (called in this section the