§ 49 — Importing non-conforming consignment of import‑controlled item

49.—(1) A person holding a current import consignment permit commits an offence if —(a)

the person imports a consignment comprising any import‑controlled item to which this Part applies;

(b)

the consignment does not conform to any identifying detail of the consignment that is stated in the import consignment permit;

(c)

the person knows, or ought reasonably to know, that the consignment is non‑conforming in a manner mentioned in paragraph (b); and

(d)

the import‑controlled item is not failing.

(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 Control of Plants Act 1993 for contravening section 8(1)(b) of that Act, where the current offence involves fresh fruits and vegetables; or

(iii)

under section 6(4) of the Wholesome Meat and Fish Act 1999 for contravening section 6(1)(b) 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) or (iii) may be before, on or after the commencement of this section.

—(1) A person holding a current import consignment permit commits an offence if —(a)

the person imports a consignment comprising any import‑controlled item to which this Part applies;

(b)

the consignment does not conform to any identifying detail of the consignment that is stated in the import consignment permit;

(c)

the person knows, or ought reasonably to know, that the consignment is non‑conforming in a manner mentioned in paragraph (b); and

(d)

the import‑controlled item is not failing.

(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 Control of Plants Act 1993 for contravening section 8(1)(b) of that Act, where the current offence involves fresh fruits and vegetables; or

(iii)

under section 6(4) of the Wholesome Meat and Fish Act 1999 for contravening section 6(1)(b) 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) or (iii) may be before, on or after the commencement of this section.