137E   Offence of operating business while prohibited

(1)  A person who in contravention of a prohibition under this Part operates a business that provides dental services is guilty of an offence.

Maximum penalty:

(a)  in the case of a corporation, 800 penalty units for a first offence or 1600 penalty units for a second or subsequent offence, or

(b)  in any other case, 200 penalty units for a first offence or 400 penalty units for a second or subsequent offence.

(2)  If a continuing state of affairs is created by an offence against this section the offender is liable to a maximum penalty of:

(a)  200 penalty units in the case of a corporation, or

(b)  50 penalty units in any other case,

      in respect of each day on which that offence continues, in addition to the penalty specified in subsection (1).

(3)  If dental services are provided on premises on which a business is carried on, it is to be presumed for the purposes of this section, unless the contrary is established, that the business provides those dental services.