§ 85 — Post-revocation, etc., of licence or permit

85.—(1) This section applies where —(a)

the licence of a licensed importer or licensed exporter is revoked or wholly suspended under section 83; or

(b)

a consignment permit granted to a licensed importer or licensed exporter for a consignment is cancelled under section 84.

(2) The Agency may, in any of the circumstances described in subsection (1), direct as follows:(a)

direct that any controlled item imported, or handled under any of the operations of the former licensed importer or former licensed exporter or the licensed importer or licensed exporter (as the case may be) affected by the revocation, suspension or cancellation (as the case may be) must not be sold;

(b)

direct the former licensed importer or former licensed exporter or the licensed importer or licensed exporter (as the case may be) to take appropriate action to deal with the controlled item affected by the revocation, suspension or cancellation, as the case may be.

(3) A person to whom a direction is given under subsection (2) commits an offence if the person fails to comply with the direction, and 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.

(4) Subsection (3) does not apply if the person has a reasonable excuse.

(5) In subsection (3), “repeat offender”, in relation to an offence under subsection (3), 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 that subsection.

—(1) This section applies where —(a)

the licence of a licensed importer or licensed exporter is revoked or wholly suspended under section 83; or

(b)

a consignment permit granted to a licensed importer or licensed exporter for a consignment is cancelled under section 84.

(2) The Agency may, in any of the circumstances described in subsection (1), direct as follows:(a)

direct that any controlled item imported, or handled under any of the operations of the former licensed importer or former licensed exporter or the licensed importer or licensed exporter (as the case may be) affected by the revocation, suspension or cancellation (as the case may be) must not be sold;

(b)

direct the former licensed importer or former licensed exporter or the licensed importer or licensed exporter (as the case may be) to take appropriate action to deal with the controlled item affected by the revocation, suspension or cancellation, as the case may be.

(3) A person to whom a direction is given under subsection (2) commits an offence if the person fails to comply with the direction, and 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.

(4) Subsection (3) does not apply if the person has a reasonable excuse.

(5) In subsection (3), “repeat offender”, in relation to an offence under subsection (3), 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 that subsection.