§ 48 — Unlicensed import of import-controlled item — strict liability

48.—(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; and

(c)

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) Strict liability applies to the offence in subsection (1).

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

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.

—(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; and

(c)

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) Strict liability applies to the offence in subsection (1).

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

where the person is an individual — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 months or to both; or

(b)

where the person is not an individual — to a fine not exceeding $10,000.