On 20/05/2013,
you requested for the version in force on 20/05/2013
incorporating all amendments published on or before 20/05/2013.
The closest version currently available is that of 14/02/2008.
63G.
—(1) Any person who contravenes section 63B(1), (2) or (3) or 63E(6) shall be guilty of an offence and shall be liable on conviction —
(a)
in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part thereof during which the offence continues after conviction; or
(b)
in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part thereof during which the offence continues after conviction.
(2) Where a person is charged with an offence in respect of a contravention of section 63B(1), it shall be a defence for the person to prove that —
(a)
he was not aware that he had contravened section 63B(1); and
(b)
he has, within 5 days after becoming aware that he had contravened section 63B(1), notified the Authority of the contravention.
(3) Where a person is charged with an offence in respect of a contravention of section 63B(2), it shall be a defence for the person to prove that —
(a)
he was not aware that he had contravened section 63B(2); and
(b)
he has, within 14 days of becoming aware that he had contravened section 63B(2), notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to his holding of equity interests or control of the voting power in the designated gas licensee, designated entity or designated business trust as the Authority may direct.
(4) Where a person is charged with an offence in respect of a contravention of section 63B(2), it shall also be a defence for the person to prove that, even though he was aware of the contravention —
(a)
the contravention occurred as a result of an increase in the holding of equity interests, or in the voting power controlled, by any of his associates described in section 63A(5)(a) in the designated gas licensee, designated entity or designated business trust;
(b)
he has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interests or other interests in, or under which they act together in exercising their voting power in relation to, the designated gas licensee, designated entity or designated business trust; and
(c)
he has, within 14 days of the date of the contravention, notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to his holding of equity interests or control of the voting power in the designated gas licensee, designated entity or designated business trust as the Authority may direct.
(5) Except as provided in subsections (2), (3) and (4), it shall not be a defence for a person charged with an offence in respect of a contravention of section 63B(1) or (2) to prove that he did not intend to or did not knowingly contravene section 63B(1) or (2).