§ 62 — Dealing with imported examinable matter without inspection advice — strict liability

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

the person —(i)

intentionally deals with an object or a thing in a particular manner; or

(ii)

has in possession an object or a thing knowing that it is likely to be supplied or offered or displayed for supply;

(b)

the object or thing is examinable matter;

(c)

the person knows, or ought reasonably to know, that the object or thing was imported;

(d)

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 deal with the object or thing in that manner; and

(f)

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

(2) Strict liability applies to the offence in subsection (1) except subsection (1)(a) and (c).

(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.

(4) Subsection (1) does not apply to a dealing with prepacked food for the purpose of altering or replacing the label on a package containing the prepacked food in order to meet an applicable standard relating to content on labels for prepacked food.

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

the person —(i)

intentionally deals with an object or a thing in a particular manner; or

(ii)

has in possession an object or a thing knowing that it is likely to be supplied or offered or displayed for supply;

(b)

the object or thing is examinable matter;

(c)

the person knows, or ought reasonably to know, that the object or thing was imported;

(d)

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 deal with the object or thing in that manner; and

(f)

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

(2) Strict liability applies to the offence in subsection (1) except subsection (1)(a) and (c).

(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.

(4) Subsection (1) does not apply to a dealing with prepacked food for the purpose of altering or replacing the label on a package containing the prepacked food in order to meet an applicable standard relating to content on labels for prepacked food.