§ 47 — Unlicensed import of import-controlled item

47.—(1) A person commits an offence if —(a)

the person imports an object or a thing;

(b)

the object or thing is an import‑controlled item to which this Part applies;

(c)

the person knows, or ought reasonably to know, that the object or thing is an import‑controlled item; and

(d)

the person is not one of the following:(i)

a holder of both a current licence to import and a current import consignment permit for that import‑controlled item;

(ii)

a person on whose behalf a person in sub‑paragraph (i) is importing the import‑controlled item;

(iii)

a person exempt from this section under section 320 or 321 in relation to the import of that import‑controlled item.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)

under subsection (1);

(ii)

under section 8(3) of the Animals and Birds Act 1965 for importing any egg that is food without a licence under that Act, where the current offence involves any egg;

(iii)

under section 7(4) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a licence under that Act, where the current offence involves fresh fruits and vegetables;

(iv)

under section 8(3) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a permit under that Act, where the current offence involves fresh fruits and vegetables;

(v)

under section 5(2) of the Wholesome Meat and Fish Act 1999 for importing any meat product or fish product without a licence under that Act, where the current offence involves any meat or meat product or any fish or fish product; or

(vi)

under section 6(4) of the Wholesome Meat and Fish Act 1999 for contravening section 6(1)(a) of that Act, where the current offence involves any meat or meat product or any fish or fish product.

(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii), (iii), (iv), (v) or (vi) may be before, on or after the commencement of this section.

—(1) A person commits an offence if —(a)

the person imports an object or a thing;

(b)

the object or thing is an import‑controlled item to which this Part applies;

(c)

the person knows, or ought reasonably to know, that the object or thing is an import‑controlled item; and

(d)

the person is not one of the following:(i)

a holder of both a current licence to import and a current import consignment permit for that import‑controlled item;

(ii)

a person on whose behalf a person in sub‑paragraph (i) is importing the import‑controlled item;

(iii)

a person exempt from this section under section 320 or 321 in relation to the import of that import‑controlled item.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence —(i)

under subsection (1);

(ii)

under section 8(3) of the Animals and Birds Act 1965 for importing any egg that is food without a licence under that Act, where the current offence involves any egg;

(iii)

under section 7(4) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a licence under that Act, where the current offence involves fresh fruits and vegetables;

(iv)

under section 8(3) of the Control of Plants Act 1993 for importing fresh fruits and vegetables without a permit under that Act, where the current offence involves fresh fruits and vegetables;

(v)

under section 5(2) of the Wholesome Meat and Fish Act 1999 for importing any meat product or fish product without a licence under that Act, where the current offence involves any meat or meat product or any fish or fish product; or

(vi)

under section 6(4) of the Wholesome Meat and Fish Act 1999 for contravening section 6(1)(a) of that Act, where the current offence involves any meat or meat product or any fish or fish product.

(4) For the purposes of subsection (3), the conviction or finding of guilt for an offence referred to in subsection (3)(b)(ii), (iii), (iv), (v) or (vi) may be before, on or after the commencement of this section.