Section 5 — Importing small motorised vehicle needs approval

(1)A person commits an offence if —

(a)the person imports a small motorised vehicle; and

(b)at the time of import, the person is not permitted to import the small motorised vehicle.

(2)A person is permitted to import a small motorised vehicle if —

(a)at the time of import, all of the following apply:

(i)the person is granted an import approval;

(ii)the import approval is in force;

(iii)the small motorised vehicle is specified or described in the import approval;

(b)at the time of import, all of the following apply:

(i)the person is authorised, in writing, by the person who is granted an import approval to import the small motorised vehicle;

(ii)the import approval is in force;

(iii)the small motorised vehicle is specified or described in the import approval; or

(c)at the time of import, a circumstance prescribed in the regulations applies.

(3)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 $5,000 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 $10,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)in any other case —

(i)to a fine not exceeding $10,000; but

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

(4)In subsection (3), “repeat offender” means a person who —

(a)is convicted, or found guilty, of an offence under subsection (1) (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 the same offence.