Contents of Section

Chapter:

400 PDFTitle:NOISE CONTROL ORDINANCEGazette Number:
Section:17Heading:Use of products not in compliance with noise standardsVersion Date:30/06/1997

(1) Any person who uses, or causes to be used, any product prescribed for the purposes of this Part which does not comply with any requirement relating to noise emission prescribed for the purposes of this subsection commits an offence.
(2) Any person who being the owner of any product prescribed for the purposes of this Part which does not comply with any requirement relating to noise emission prescribed for the purposes of subsection (1) knowingly permits or suffers such product to be used commits an offence.
(3) For the purposes of any proceedings under subsection (1) or (2), any product which when tested under conditions prescribed for the purposes of this subsection does not comply with any requirement relating to noise emission prescribed for the purposes of subsection (1), shall, until the contrary is proved, be presumed to be a product which did not comply therewith at any time during the period of 30 days immediately prior to the date of the test.
(4) For the purposes of any proceedings under subsection (1) or (2), any person who has in his possession any product which when tested under conditions prescribed for the purposes of subsection (3) does not comply with any requirement relating to noise emission prescribed for the purposes of subsection (1) shall, until the contrary is proved, be presumed to have used that product at any time during the period of 30 days immediately prior to the date of the test.
(5) Any person who commits an offence under subsection (1) or (2) shall be liable-

        (a) on first conviction to a fine of $100000;
        (b) on second or subsequent conviction, to a fine of $200000,
and in any case to a fine of $20000 for each day during which the offence continues. (Amended 2 of 1994 s. 9)
(Enacted 1988)