§ 8 — Breach of purpose of imported vehicle

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

the person is granted an import approval to import a small motorised vehicle for a purpose specified in the import approval that —(i)

is not a sale, letting for hire or other distribution by way of trade of the vehicle in Singapore; and

(ii)

is not one that requires the person to export or destroy the vehicle; and

(b)

the person intentionally or negligently uses, or allows to be used, the small motorised vehicle for another purpose.

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

the person is granted an import approval to import a small motorised vehicle for a purpose specified in the import approval that requires the person to export or destroy the vehicle; and

(b)

the person intentionally or negligently does not export or destroy or cause the export or destruction of the small motorised vehicle within the period specified in the import approval.

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

the person is granted an import approval to import a small motorised vehicle subject to a condition that does not require the person to export or destroy the vehicle; and

(b)

the person intentionally or negligently contravenes or fails to comply with the condition.

(4) A person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 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 6 months or to both; or

(b)

in any other case —(i)

to a fine not exceeding $5,000; but

(ii)

where the person is a repeat offender, to a fine not exceeding $10,000.

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

is convicted, or found guilty, of an offence under subsection (1), (2) or (3) (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.

(6) In proceedings for an offence under subsection (1) or (3), it is a defence to the charge for the accused to prove, on a balance of probabilities, that —(a)

the use of the small motorised vehicle for another purpose was authorised by the Authority; or

(b)

the contravention or failure to comply with a condition of an import approval was authorised by the Authority.

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

the person is granted an import approval to import a small motorised vehicle for a purpose specified in the import approval that —(i)

is not a sale, letting for hire or other distribution by way of trade of the vehicle in Singapore; and

(ii)

is not one that requires the person to export or destroy the vehicle; and

(b)

the person intentionally or negligently uses, or allows to be used, the small motorised vehicle for another purpose.

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

the person is granted an import approval to import a small motorised vehicle for a purpose specified in the import approval that requires the person to export or destroy the vehicle; and

(b)

the person intentionally or negligently does not export or destroy or cause the export or destruction of the small motorised vehicle within the period specified in the import approval.

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

the person is granted an import approval to import a small motorised vehicle subject to a condition that does not require the person to export or destroy the vehicle; and

(b)

the person intentionally or negligently contravenes or fails to comply with the condition.

(4) A person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 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 6 months or to both; or

(b)

in any other case —(i)

to a fine not exceeding $5,000; but

(ii)

where the person is a repeat offender, to a fine not exceeding $10,000.

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

is convicted, or found guilty, of an offence under subsection (1), (2) or (3) (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.

(6) In proceedings for an offence under subsection (1) or (3), it is a defence to the charge for the accused to prove, on a balance of probabilities, that —(a)

the use of the small motorised vehicle for another purpose was authorised by the Authority; or

(b)

the contravention or failure to comply with a condition of an import approval was authorised by the Authority.