§ 57 — Export or transhipment of controlled item without inspection advice

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

the person enters an object or a thing for export or transhipment, or exports or tranships an object or a thing;

(b)

the object or thing is examinable matter;

(c)

an inspection advice has not been issued in respect of the object or thing;

(d)

the person knows, or ought reasonably to know, that an inspection advice has not been issued in respect of the object or thing;

(e)

the person has not obtained the prior approval of an authorised officer to export or tranship the object or thing; and

(f)

the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.

(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 under subsection (1).

(4) In this section and section 58, an object or a thing is entered for export or transhipment if, in the course of the preparation or production of the object or thing for export or transhipment, the object or thing is presented to, or information about the object or thing is given to —(a)

an officer of customs acting in the course of his or her duties; or

(b)

an authorised officer acting in the course of his or her duties,

for the purpose of the officer exercising a power or performing a function in relation to the object or thing under any written law regulating export or transhipment of goods.

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

the person enters an object or a thing for export or transhipment, or exports or tranships an object or a thing;

(b)

the object or thing is examinable matter;

(c)

an inspection advice has not been issued in respect of the object or thing;

(d)

the person knows, or ought reasonably to know, that an inspection advice has not been issued in respect of the object or thing;

(e)

the person has not obtained the prior approval of an authorised officer to export or tranship the object or thing; and

(f)

the person is neither an officer of customs, nor an authorised officer, acting in the course of his or her duties.

(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 under subsection (1).

(4) In this section and section 58, an object or a thing is entered for export or transhipment if, in the course of the preparation or production of the object or thing for export or transhipment, the object or thing is presented to, or information about the object or thing is given to —(a)

an officer of customs acting in the course of his or her duties; or

(b)

an authorised officer acting in the course of his or her duties,

for the purpose of the officer exercising a power or performing a function in relation to the object or thing under any written law regulating export or transhipment of goods.