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.