(4) For the purposes of any proceedings under
subsection (1) or (2), any person who has in his possession
any product which when tested under conditions prescribed
for the purposes of subsection (3) 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 have used that product at any time
during the period of 30 days immediately prior to the date
of the test.
(5) Any person who commits an offence under
subsection (1) or (2) shall be liable -
(a)
on first conviction to a fine of $50,000;
(b)
on second or subsequent conviction, to a fine of
$100,000 and to imprisonment for 2 years,
and in any case to a fine of $10,000 for each day during
which the offence continues.
Appeals against refusal of Authority to issue construction
noise permit etc. under
PART IV
APPEALS
17. (1) Subject to subsection (2), if any person
who applies for a construction noise permit under section 8
is aggrieved
section 9.
(a)