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Offences, prosecutions and punishments.
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9.—(1) Every person who contravenes (whether by act or omission) or attempts to contravene any provision of this Act shall be guilty of an offence.
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(2) Every person who aids, abets, assists, counsels or procures another person, or conspires with another person, to commit an offence under this Act shall himself be guilty of an offence.
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(3) Where an offence is committed by a body corporate or an unincorporated body of persons and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any director, manager, secretary, member of any committee or official of such body, such person shall also be guilty of an offence.
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(4) Every person who commits an offence under this Act shall be triable, at the election of the prosecution, either summarily or on indictment and shall be liable—
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(a) on summary conviction, to a fine not exceeding twenty-five pounds, together with, in the case of a continuing offence, a further fine not exceeding five pounds for every day on which the offence is continued, or
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(b) on conviction on indictment, to a fine not exceeding five thousand pounds, together with, in the case of a continuing offence, a further fine not exceeding one hundred pounds for every day on which the offence is continued.
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(5) Where, on conviction on indictment of a person acting on behalf of a trade union of an offence under this Act, a fine is imposed under this section on the person, the fine shall be paid by the trade union, the person shall not be liable for the payment thereof and the trade union shall, for the purposes of the payment and enforcement of payment of the fine, be deemed to have been convicted of the offence in respect of which the fine was imposed.
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(6) Where it is proposed to proceed under this section by way of indictment in relation to an offence alleged to have been committed by a person acting on behalf of a trade union, the trade union concerned shall be notified in writing of the proceedings and of the date on which the taking of depositions in the District Court in relation to the alleged offence will commence.
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