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Page:Police Force Act 2004.pdf/59

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POLICE FORCE
59


(7) The Minister may, by order published in the Gazette, make such further transitional provisions as he considers necessary or expedient for the purposes of this section.

(8) Any person served with a written notice of objection under this section shall comply with the notice.

(9) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part thereof during which the offence continues after conviction.

(10) Where a person is charged with an offence in respect of a contravention of subsection (1) or (2), it shall be a defence for the person to prove that—

(a) he was not aware that he had contravened subsection (1) or (2), as the case may be; or
(b) he has, within 14 days of becoming aware that he had contravened subsection (1) or (2), as the case may be, notified the Minister of the contravention and, within such time as may be determined by the Minister, taken such actions in relation to his shareholding or control of the voting power in the employer of an Auxiliary Police Force as the Minister may direct.

(11) Except as provided in subsection (10), it shall not be a defence for a person charged with an offence in respect of a contravention of subsection (1) or (2) to prove that he did not intend to or did not knowingly contravene that provision.

(12) For the purposes of this section, a person has an interest in any share if—

(a) he is deemed to have an interest in that share under section 7 of the Companies Act (Cap. 50); or
(b) he otherwise has a legal or an equitable interest in that share except for such interest as is to be disregarded under section 7 of the Companies Act.

(13) This section shall apply only in relation to an employer of an Auxiliary Police Force that is a company.