(a) on first conviction to a fine of $50,000; and
(b)
on second or subsequent conviction to a fine of
$100,000 and to imprisonment for 2 years.
Use of products not
in
compliance with noise standards.
16.
(1) Any person who uses or causes to be used any
product prescribed for the purposes of this Part which does
not comply with any requirement relating to noise emission
prescribed for the purposes of this subsection commits an
offence.
(2) Any person who being the owner of any product
prescribed for the purposes of this Part which does not
comply with any requirement relating to noise emission
prescribed for the purposes of subsection (1) knowingly
permits or suffers such product to be used commits an
offence.
(3) For the purposes of any proceedings under
subsection (1) or (2), any product which when tested under
conditions prescribed for the purposes of this subsection
does not comply with any requirement relating to noise
emission prescribed for the purposes of subsection (1),
shall, until the contrary is proved, be presumed to be a
product which did not comply therewith at any time during
the period of 30 days immediately prior to the date of the
test.