Penalty for unauthorised exportation or removal
12.—(1)  If any vessel or aircraft is used for —
(a)the exportation or removal of any article in contravention of any notification issued under section 9; or
(b)the importation of any explosive or poisonous or noxious gas or noxious substance in contravention of any notification issued under section 10 or 11,
the master or pilot-in-command and the owner thereof shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000, unless it is proved to the satisfaction of the court that —
(i)the master or pilot-in-command or owner was not implicated in the placing or keeping of the article or explosive or poisonous or noxious gas or noxious substance on board the vessel or aircraft; and
(ii)the offence in question was committed without the knowledge, consent or connivance of the master or pilot-in-command or owner.
[30/2002]
(2)  On conviction the vessel or aircraft referred to in subsection (1) may be detained by order of the court until security has been given for such sum as the court orders not exceeding $20,000.
[30/2002]
(3)  Except as provided by section 3(1)(f), the finding on board any vessel or aircraft of —
(a)any article the exportation or removal of which is in contravention of any notification issued under section 9; or
(b)any explosive or poisonous or noxious gas or noxious substance the importation of which is in contravention of any notification issued under section 10 or 11,
shall be prima facie evidence that the vessel or aircraft has been used for the exportation, removal or importation of the same contrary to this Act.
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[30/2002]