Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p76
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 190638–193252

(1) (a), (b) or (c) or (2) (a), (b) or (c) in response to a question asked by that person, the question and the information shall be considered together in determining whether the information was false or misleading.".

Dividends payable from profits only
126. Section 565 of the Principal Act is amended by inserting after sub-section (2) the following sub-sections:
"(2a) Proceedings may be brought under sub-section (2) for the recovery of an amount whether or not a person has been convicted of an offence under that sub-section.
"(2b) In proceedings brought under sub-section (2) for the recovery of an amount, the liability of a person under that sub-section in respect of the amount may be established on the balance of probabilities.".

General penalty provisions
127. Section 570 of the Principal Act is amended by inserting in sub-section (6) "of this section and by sub-section 571 (5)" after "(5)".

128. Section 571 of the Principal Act is repealed and the following section is substituted:

Continuing offences
"571. (1) Where—
     (a) by or under a provision, an act is required to be done within a particular period or before a particular time;
     (b) failure to do the act within that period or before that time constitutes an offence; and
     (c) the act is not done within that period or before that time,
then—
     (d) the obligation to do the act continues, notwithstanding that that period has expired or that time has passed, and whether or not a person is convicted of a primary substantive offence in relation to failure to do the act, until the act is done; and
     (e) sub-sections (3) and (4) apply.
"(2) Where—
     (a) by or under a provision, an act is required to be done but neither a period within which, nor a time before which, the act is to be done is specified;

     (b) failure to do the act constitutes an offence; and
     (c) a person is convicted of a primary substantive offence in relation to failure to do the act,
then—
     (d) the obligation to do the act continues, notwithstanding the conviction, until the act is done; and
     (e) sub-sections (3) and (4) apply.
"(3) Where—
     (a) at a particular time, a person is first convicted of a substantive offence, or is convicted of a second or subsequent substantive offence, in relation to failure to do the act; and
     (b) the failure to do the act continues after that time,
the person is, in relation to failure to do the act, guilty of a further offence in respect of so much of the period throughout which the failure to do the act continues as elapses after that time and before the relevant day in