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(b) do any other act calculated to solicit or encourage members of the public generally or members of any particular class of the public to take up such employ- ment or residence.

(2) Any person who contravenes paragraph (1) of this Article shall be guilty of an offence against this Order unless, in the case of a person who publishes, or is a party to the publication of. an advertisement or a public notice or announcement of such a character as is described in sub-paragraph (a) of thai paragraph. be proves that he did not know and could not with reasonable diligence have ascertained that the advertisement, notice or an- nouncement was of that character.

(3) Nothing in paragraph (1)(b) of this Article shall be con- strued as prohibiting the publication of factual accounts of actions. events, places or things.

Obtaining of evidence and information.

14. The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Governor, of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining, by or on behalf of the Governor, of evidence of the commission of an offence against this Order.

Penalties and Proceedings.

15. (1) Any person guilty of an offence against this Order shall be liable-

(a) on conviction before a superior court to imprisonment for a term not exceeding two years or to a fine or to both; or

(b) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £500 or to both.

(2) Where any body corporate is guilty of an offence against this Order and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was pur- porting to act in any such capacity, he, as well as the body cor- porate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3) Summary proceedings for an offence against this Order. being an offence alleged to have been committed outside the Territory, may be commenced at any time not later than twelve

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months from the date on which the person charged first enters the Territory after committing the offence.

(4) Proceedings for an offence against this Order may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the Territory where any person charged with that offence is for the time being.

(5) Proceedings for an offence against this Order shall not be instituted in the Territory except by, or with the consent of the Attorney-General:

Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remanding in custody or on bail, of any person charged with such an offence, notwithstanding that the accessary consent to the institution of proceedings for the offence has not been obtained.

(6) In paragraph (5) of this Article "the Attomey-General” means the Attorney-General or other principal law officer of the Territory:

Provided that-

(a) if there is no such office established for the Territory the reference to the Attorney-General in that paragraph shall be construed as if it were a reference to the Governor; and

(b) if by the law of the Territory power is vested to the exclusion of any other person in some officer other than the principal law officer to take over and continue criminal proceedings instituted before any civil court of the Territory by any other person or authority the said reference shall be construed as if it were a reference to that other officer.

(7) Nothing in this Article shall apply in respect of an offence under Article 12 of this Order or proceedings for such an offence.

Exercise of powers of the Governor.

16. (1) The Governor may, to such extent and subject la such restrictions and conditions as he may think proper, delegate or authorize the delegation of any of his powers under this Order (other than the power to give authority under Schedule 2 to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.

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