(1) A person charged with an offence under section 4 consisting of a contravention of subsection (2)(b), (3)(b) or (4)(b) of that section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 4 consisting of a contravention of subsection (2)(a), (3)(a) or (4)(a), as may be appropriate, of that section.

(2) A person charged with an offence under section 5 consisting of a contravention of subsection (2)(b), (3)(b) or (4)(b) of that section may, in lieu of being found guilty of that offence, be found guilty of an offence under section 5 consisting of a contravention of subsection (2)(a), (3)(a) or (4)(a), as may be appropriate, of that section.