Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p77
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 193043–195665

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 relation to the further offence.
"(4) Where—
     (a) the provision referred to in paragraph (1) (a) or (2) (a), as the case may be, provides that—
         (i) an officer of a corporation; or
         (ii) a person,
    who is in default is guilty of an offence; and
     (b) throughout a particular period (in this sub-section referred to as the 'relevant period')—
         (i) the failure to do the act continues;
         (ii) a person (in this sub-section referred to as the 'derivative offender') is in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the failure to do the act; and
         (iii) in a case where sub-paragraph (a) (i) applies—the derivative offender is an officer of the corporation,
then—
     (c) in a case where either or both of the following events occurs or occur:
         (i) a person is convicted, before or during the relevant period, of a primary substantive offence in relation to failure to do the act;
         (ii) the derivative offender is convicted, before or during the relevant period, of a primary derivative offence in relation to failure to do the act,
    the derivative offender is, in relation to failure to do the act, guilty of an offence (in this paragraph referred to as the 'relevant offence') in respect of so much (if any) of the relevant period as elapses—

         (iii) after the conviction referred to in sub-paragraph (i) or (ii), or after the earlier of the convictions referred to in sub-paragraphs (i) and (ii), as the case may be; and
         (iv) before the relevant day in relation to the relevant offence; and
     (d) in a case where, at a particular time during the relevant period, the derivative offender is first convicted of a secondary derivative offence, or is convicted of a second or subsequent secondary derivative offence, in relation to failure to do the act—the derivative offender is, in relation to failure to do the act, guilty of a further offence in respect of so much of the relevant period as elapses after that time and before the relevant day in relation to the further offence.
"(5) Where a person is guilty, by virtue of sub-section (3) or (4), of an offence in respect of the whole or a part of a particular period, the penalty applicable to the offence is a fine of the amount obtained by multiplying $50 by the number of days in that period, or in that part of that period,