1964_NOISE_CONTROL_ORDINANCE — Page 15

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CAP. 400]

[1988 Ed.

(b) been subject to wear and tear beyond that which is normal; or

(c) been used otherwise than in a manner in which the product was

intended to be used.

(5) Any person who commits an offence under subsection (1) 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 in any case to a fine of $10,000 for each day during which the offence continues.

Authority may require product for testing

16. (1) The Authority may, by notice in the prescribed form served on any person who by way of trade or business imports, manufactures or supplies, or offers or exposes for supply, any product prescribed for the purposes of this Part, require such person at his own expense to-

(a) produce or make available to the Authority for measurement,

inspection or test any such product specified in the notice; or

(b) cause to be carried out any measurement, inspection or test specified in

the notice, on any such product specified in the notice.

(2) A notice served under subsection (1) in respect of any product may-- (a) specify the place where the product is to be produced or made available or where any measurement, inspection or test is to be carried out;

(b) specify the date and time on or by which the product is to be produced or made available or any such measurement, inspection or test is to be carried out;

(c) require any such measurement, inspection or test to be carried out in the presence of any public officer authorized by the Authority in writing for the purposes of this section;

(d) require the results of any such measurement, inspection or test to be presented in writing to the Authority on or before a date specified in the notice; and

(e) identify any product by model, type, manufacturer's serial number or other markings or by reference to a label affixed to the product by an authorized officer under section 25(1)(e).

(3) A notice served under subsection (1) may, by notice in writing, be varied or cancelled by the Authority.

(4) Where any product is produced or made available to the Authority under subsection (1)(a), the Authority shall make arrangements for the product to be available for collection within 72 hours.

(5) Any person who fails to comply with a notice served under subsection (1), or who removes, alters or defaces any label affixed to any product under section 25(1)(e) commits an offence.

(6) Any person who commits an offence under subsection (5) shall be liable