389 Offences in relation to knowingly importing or exporting prohibited goods

(1)

A person commits an offence if the person—

(a)

is knowingly concerned in any importation, transportation, shipment, unshipment, or landing of prohibited imports; or

(b)

is knowingly concerned in any exportation, transportation, or shipment of prohibited exports; or

(c)

is knowingly concerned, or conspires, in the removal from a Customs-controlled area of any prohibited imports; or

(d)

is knowingly concerned in a failure to comply with a term or condition of a licence, permit, or consent to import or export goods whose importation or exportation is otherwise prohibited under section 96 or 97.

(2)

A person who commits an offence under this section is liable on conviction,—

(a)

in the case of an individual, to—

(i)

imprisonment for a term not exceeding 6 months; or

(ii)

a fine not exceeding the greater of the following:

(A)

$20,000:

(B)

an amount equal to 3 times the value of the goods to which the offence relates:

(b)

in the case of a body corporate, to a fine not exceeding the greater of the following:

(i)

$100,000:

(ii)

an amount equal to 3 times the value of the goods to which the offence relates.

(3)

If any conduct that constitutes an offence under this section also constitutes an offence under section 390 or 391, the matter is to be dealt with under section 390 or 391 and not under this section.

Compare: 1996 No 27 s 209(1)(c), (e), (g), (2)