(1) A person guilty of an offence under the Acts involving a trade description or under this Act shall, in lieu of any other fine or term of imprisonment, be liable -
(a) on summary conviction, to a fine not exceeding €3,000 or, at the discretion of the court, to imprisonment for a term not exceeding 6 months or to both the fine and the imprisonment, or
(b) on conviction on indictment, to a fine not exceeding €60,000 or, at the discretion of the court, to imprisonment for a term not exceeding 2 years or to both the fine and the imprisonment.
(2) When considering what penalty (if any) under subsection (1) of this section is appropriate to an offence, the Court may take into consideration any advertisement published by or on behalf of the person convicted of the offence and correcting any misleading advertising, or any false or misleading description, statement or indication to which the offence relates.
(a) Where a court imposes a fine or affirms or varies a fine imposed by