5. Section 4 of the principal Act is amended —
by deleting “$10,000” in subsection (3) and substituting “$100,000”; and
by deleting subsection (6) and substituting the following subsections:
“(6) Any foreign person who fails to comply with the Controller’s notice referred to in subsection (4) shall be guilty of an offence and shall be liable on conviction —
to a fine not exceeding $100,000; and
in respect of a continuing contravention, to an additional fine not exceeding $500 for every day or part thereof the contravention continues,
and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part thereof during which the contravention continues after conviction.
(6A) For the purposes of subsection (6), where —
an act or thing is required or directed to be done within a particular period specified in subsection (4) or any extension thereof granted under subsection (5);
the failure to do that act or thing within the period or extension referred to in paragraph (a) constitutes an offence; and
that act or thing is not done within the period or extension referred to in paragraph (a),
the obligation to do that act or thing shall continue, notwithstanding that that period or extension has expired, until that act or thing is done; and a person shall be guilty of a separate offence in respect of each day (including the day of a conviction for any such offence or any later day) or part thereof during which the person continues to refuse or fail to comply with that requirement or direction.
(6B) The court shall, in respect of any defendant charged with committing any offence under subsection (6) —
take into account any confiscation order made under section 4A before imposing any fine on the defendant; and
subject to paragraph (a), leave the confiscation order out of account in determining the appropriate sentence or other manner of dealing with the defendant.”.