exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.
(3) For the purpose of this section, the reference to a person disclosing any protected information includes his permitting any other person to have any access to any record, document or other thing containing that information which is in his possession or under his control by virtue of his being or having been an inspector.
(4) In this section, “protected information” means information the disclosure of which would, or could reasonably be expected to disclose a trade secret or to adversely affect a person in relation to the lawful business affairs of that person.
PART X
OFFENCES, PENALTIES AND PROCEEDINGS
Unregistered factories
46.—(1) No person shall occupy or use any premises as a factory if—
- (a) the regulations require the person to hold a certificate of registration of a factory or a factory permit issued under the regulations; and
- (b) the person does not hold such a valid certificate of registration of a factory or factory permit.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction—
- (a) to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and
- (b) in the case of a continuing offence, to a further fine not exceeding $500 or to further imprisonment for a term not exceeding 7 days or to both for every day or part thereof during which the offence continues after conviction.
Onus of proving what is reasonably practicable
47. Where in any proceedings for an offence under any provision in this Act, it is alleged that any person failed to comply with a duty to do
