§ 17 — Penalties for offences for unlicensed regulated activities involving guns, etc.

17.—(1) A person who is guilty of an offence under section 11(1) or (2), 12(1) or (2), 14, 15(1) or 16(1) or (3) shall be punished on conviction with —(a)

if a prohibited gun is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 5 years and a fine as follows, whichever is applicable:(A)

not exceeding $10,000 for each fully assembled prohibited gun involved or $100,000 in total, whichever is the lower;

(B)

not exceeding $100,000; or

(ii)

where the person is not an individual — a fine as follows, whichever is applicable:(A)

not exceeding $10,000 for each fully assembled prohibited gun involved or $200,000 in total, whichever is the lower;

(B)

not exceeding $200,000;

(b)

if a gun other than a prohibited gun is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine as follows, whichever is applicable:(A)

not exceeding $5,000 for each fully assembled gun involved or $50,000 in total, whichever is the lower;

(B)

not exceeding $50,000; or

(ii)

where the person is not an individual — a fine as follows, whichever is applicable:(A)

not exceeding $5,000 for each fully assembled gun involved or $100,000 in total, whichever is the lower;

(B)

not exceeding $100,000;

(c)

if a major part of a prohibited gun is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 5 years and a fine not exceeding $100,000; or

(ii)

where the person is not an individual — a fine not exceeding $200,000;

(d)

if a major part of a gun other than a prohibited gun is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $50,000; or

(ii)

where the person is not an individual — a fine not exceeding $100,000;

(e)

if a prohibited gun accessory is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $40,000; or

(ii)

where the person is not an individual — a fine not exceeding $80,000; or

(f)

if any other gun accessory is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 24 months and a fine not exceeding $20,000; or

(ii)

where the person is not an individual — a fine not exceeding $40,000.

(2) A person who is guilty of an offence under section 13(1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but

(ii)

where the individual is a repeat offender — to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 18 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $25,000; but

(ii)

where the person is a repeat offender — to a fine not exceeding $50,000.

—(1) A person who is guilty of an offence under section 11(1) or (2), 12(1) or (2), 14, 15(1) or 16(1) or (3) shall be punished on conviction with —(a)

if a prohibited gun is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 5 years and a fine as follows, whichever is applicable:(A)

not exceeding $10,000 for each fully assembled prohibited gun involved or $100,000 in total, whichever is the lower;

(B)

not exceeding $100,000; or

(ii)

where the person is not an individual — a fine as follows, whichever is applicable:(A)

not exceeding $10,000 for each fully assembled prohibited gun involved or $200,000 in total, whichever is the lower;

(B)

not exceeding $200,000;

(b)

if a gun other than a prohibited gun is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine as follows, whichever is applicable:(A)

not exceeding $5,000 for each fully assembled gun involved or $50,000 in total, whichever is the lower;

(B)

not exceeding $50,000; or

(ii)

where the person is not an individual — a fine as follows, whichever is applicable:(A)

not exceeding $5,000 for each fully assembled gun involved or $100,000 in total, whichever is the lower;

(B)

not exceeding $100,000;

(c)

if a major part of a prohibited gun is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 5 years and a fine not exceeding $100,000; or

(ii)

where the person is not an individual — a fine not exceeding $200,000;

(d)

if a major part of a gun other than a prohibited gun is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $50,000; or

(ii)

where the person is not an individual — a fine not exceeding $100,000;

(e)

if a prohibited gun accessory is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 36 months and a fine not exceeding $40,000; or

(ii)

where the person is not an individual — a fine not exceeding $80,000; or

(f)

if any other gun accessory is involved —(i)

where the person is an individual — imprisonment for a term not exceeding 24 months and a fine not exceeding $20,000; or

(ii)

where the person is not an individual — a fine not exceeding $40,000.

(2) A person who is guilty of an offence under section 13(1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but

(ii)

where the individual is a repeat offender — to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 18 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $25,000; but

(ii)

where the person is a repeat offender — to a fine not exceeding $50,000.