(2)  Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months.

(3)  Where there is found any artificial or mechanical means which, either alone or in conjunction with additional artificial or mechanical means not found, could be used for altering or facilitating the alteration of the index of the fuel-measuring equipment, or which would make the fuel-measuring equipment false or unjust in measuring or indicating the quantity of motor fuel in any fuel supply tank of that motor vehicle, the person having custody or control of the motor vehicle at the time such artificial or mechanical means are found shall be presumed, until the contrary is proved, to have abetted the alteration of the fuel-measuring equipment in contravention of subsection (1).

(4)  In this section, “fuel-measuring equipment”, in relation to a motor vehicle, means any instrument or appliance, or a combination of instruments or appliances, capable of or constructed for measuring or indicating or measuring and indicating the quantity of motor fuel in any fuel supply tank of the motor vehicle and includes in particular any fuel gauge or fuel sensoring device.