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(1) Any person who-

(a) installs or operates any facility for the transmission, wholesale supply, distribution or sale of electricity or natural gas without a licence from the Commission as provided for under this Act; or

(b) installs or operates any facility for the refining, storage, bulk transportation, marketing or sale of petroleum products, without a licence granted by the Commission as provided for under this Act; or

(c) unlawfully destroys or damages any equipment, installations or facilities for the supply, transmission, distribution or sale of electricity or natural gas; or

(d) unlawfully destroys or damages any equipment, installations or facilities for the refining, storage, bulk transportation, marketing or sale of petroleum products; or

(e) fails to comply with any standard of performance prescribed by the Commission, commits an offence and is liable on summary conviction to a fine of not less than c5 million or to imprisonment for a term not exceeding one year or to both on first conviction; and to a fine of not less than c10 million or to imprisonment not exceeding two years or to both on subsequent conviction.

(2) Where an offence created under this Act or any regulation made under it is committed by a body corporate or by a member of a partnership or other firm, every director or officer of that body corporate or any member of the partnership or other person concerned with the management of the firm shall also be guilty of the offence and shall on conviction, be liable to a fine of not more than c10 million for the offence and shall in addition be liable to payment of compensation for any damage resulting from the breach unless the accused proves to the satisfaction of the court that

(a) he exercised due diligence to secure compliance with the provisions of this Act; and

(b) the offence was committed without his knowledge, consent or connivance.

(3) Where an offence is committed under subsection (1) (a) or (b) of this section, the court which convicts the offender may order the forfeiture of any equipment, installation or facilities used in the commission of the offence to the State.