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Section 42: How Local Councils Create Offences and Penalties

42.Ordinance may create offences and penalties

An ordinance made under section 40 may—

(a)create an offence for a breach of a provision of the ordinance;

(b)prescribe a penalty of a fine not exceeding two currency points or a term of imprisonment not exceeding six months, or both in respect of an offence created under paragraph (a);

(c)provide that where a person is convicted of an offence created by an ordinance which prohibits possession of an article, object or thing, the court orders the forfeiture or destruction of the article, object or thing in addition to the penalty under paragraph (b);

(d)prescribe that in addition to or substitution for the penalty, if the breach relates to a condition of a licence or permit under the ordinance, the licence or permit be suspended or cancelled;

(e)provide that in addition to the penalty, any expenses incurred by the local council or a person or other public body as a result of the breach of a provision of an ordinance or non-performance of a requirement under the ordinance shall be paid by the person or body convicted, and the expenses may be recovered summarily as a civil debt.

Plain English Summary

Local councils have the power to create ordinances that establish offences and penalties. If you break a local ordinance, you may face a fine of up to...

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