§ 47 — Special workers need security clearance

47.—(1) A licensee commits an offence if —(a)

the licensee causes or allows an individual to work with or for, or to continue to work with or for, the licensee as a special worker; and

(b)

the licensee knows that, or is reckless as to whether, the individual’s security clearance to be a special worker is not in force.

(2) An individual commits an offence if —(a)

he or she works with or for, or continues to work with or for, a licensee as a special worker; and

(b)

he or she knows that, or is reckless as to whether, his or her security clearance to be a special worker is not in force.

(3) Subject to subsection (5), a person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the offence involves any gun, major part of a gun or explosives —(i)

for a person who is an individual —(A)

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

(B)

where the person is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or

(ii)

for a person who is not an individual —(A)

to a fine not exceeding $25,000; but

(B)

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

(b)

where the offence involves gun accessories, weapons or noxious substances —(i)

for a person who is an individual —(A)

to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but

(B)

where the person is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

in any other case —(A)

to a fine not exceeding $10,000; but

(B)

where the person is a repeat offender — to a fine not exceeding $20,000.

(4) Subject to subsection (5), an individual who is guilty of an offence under subsection (2) shall be liable on conviction —(a)

where the offence involves guns, major parts of a gun, explosives or explosive precursors —(i)

to a fine not exceeding $5,000 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 $10,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the offence involves gun accessories, weapons or noxious substances —(i)

to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both; but

(ii)

where the individual is a repeat offender — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) Where in proceedings for an offence under subsection (1) or (2), it is proved that an individual worked with or for, or continued to work with or for, a licensee despite the individual’s security clearance to be a special worker being not in force, and the work involved a combination of —(a)

guns, major parts of a gun, explosives or explosive precursors; and

(b)

gun accessories, weapons or noxious substances,

a person convicted or found guilty of committing the offence under subsection (1) shall be liable instead to the punishment in subsection (3)(a), and a person convicted or found guilty of committing the offence under subsection (2) shall be liable instead to the punishment in subsection (4)(a).

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

the licensee causes or allows an individual to work with or for, or to continue to work with or for, the licensee as a special worker; and

(b)

the licensee knows that, or is reckless as to whether, the individual’s security clearance to be a special worker is not in force.

(2) An individual commits an offence if —(a)

he or she works with or for, or continues to work with or for, a licensee as a special worker; and

(b)

he or she knows that, or is reckless as to whether, his or her security clearance to be a special worker is not in force.

(3) Subject to subsection (5), a person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the offence involves any gun, major part of a gun or explosives —(i)

for a person who is an individual —(A)

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

(B)

where the person is a repeat offender — to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 24 months or to both; or

(ii)

for a person who is not an individual —(A)

to a fine not exceeding $25,000; but

(B)

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

(b)

where the offence involves gun accessories, weapons or noxious substances —(i)

for a person who is an individual —(A)

to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; but

(B)

where the person is a repeat offender — to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

(ii)

in any other case —(A)

to a fine not exceeding $10,000; but

(B)

where the person is a repeat offender — to a fine not exceeding $20,000.

(4) Subject to subsection (5), an individual who is guilty of an offence under subsection (2) shall be liable on conviction —(a)

where the offence involves guns, major parts of a gun, explosives or explosive precursors —(i)

to a fine not exceeding $5,000 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 $10,000 or to imprisonment for a term not exceeding 24 months or to both; or

(b)

where the offence involves gun accessories, weapons or noxious substances —(i)

to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both; but

(ii)

where the individual is a repeat offender — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) Where in proceedings for an offence under subsection (1) or (2), it is proved that an individual worked with or for, or continued to work with or for, a licensee despite the individual’s security clearance to be a special worker being not in force, and the work involved a combination of —(a)

guns, major parts of a gun, explosives or explosive precursors; and

(b)

gun accessories, weapons or noxious substances,

a person convicted or found guilty of committing the offence under subsection (1) shall be liable instead to the punishment in subsection (3)(a), and a person convicted or found guilty of committing the offence under subsection (2) shall be liable instead to the punishment in subsection (4)(a).