Customs Act, 2015 (Act 891) - Revision history

Oblitey: Oblitey moved page Customs Act, 2015 - Act 891 to Customs Act, 2015 (Act 891) without leaving a redirect: Change in title to conform

2024-12-31T13:28:42Z

Oblitey moved page Customs Act, 2015 - Act 891 to Customs Act, 2015 (Act 891) without leaving a redirect: Change in title to conform

← Older revision	Revision as of 15:28, 31 December 2024
(No difference)

Oblitey: /* ACT */

2024-08-04T18:54:46Z

ACT

← Older revision		Revision as of 20:54, 4 August 2024
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	(4) In proceedings under this Act, it is not necessary to prove guilty knowledge unless otherwise expressly required and, where required, the burden of disproving the guilty knowledge shall be on the opposing party.		(4) In proceedings under this Act, it is not necessary to prove guilty knowledge unless otherwise expressly required and, where required, the burden of disproving the guilty knowledge shall be on the opposing party.


	====149. Certificate of forfeiture====		====149. Certificate of forfeiture====
	A person may prove forfeiture of goods by a court under this Act in a court by the production of a Certificate of Forfeiture signed by the Registrar of the court.		A person may prove forfeiture of goods by a court under this Act in a court by the production of a Certificate of Forfeiture signed by the Registrar of the court.


	===''Miscellaneous provisions''===		===''Miscellaneous provisions''===
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	::(a) liquor not containing more than 24.5 per cent of pure alcohol by volume shall be considered as wine; and no liquor containing more than ten per cent of pure alcohol by volume is considered as ale, beer, cider, perry or stout;		::(a) liquor not containing more than 24.5 per cent of pure alcohol by volume shall be considered as wine; and no liquor containing more than ten per cent of pure alcohol by volume is considered as ale, beer, cider, perry or stout;
	::(b) liquor containing more than 24.5 per cent of pure alcohol by volume, all liquor, other than wine, containing more than ten per cent of pure alcohol by volume, and liquor other than wine, ale, beer, cider, perry or stout containing more than one per cent of pure alcohol by volume is considered as spirits.		::(b) liquor containing more than 24.5 per cent of pure alcohol by volume, all liquor, other than wine, containing more than ten per cent of pure alcohol by volume, and liquor other than wine, ale, beer, cider, perry or stout containing more than one per cent of pure alcohol by volume is considered as spirits.


	====152. Repeal and savings====		====152. Repeal and savings====

Oblitey: /* 148. Burden of proof */

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148. Burden of proof

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	:(a) in relation to the place from which goods have been brought;		:(a) in relation to the place from which goods have been brought;
	:(b) that the proper duty has been paid on the goods;		:(b) that the proper duty has been paid on the goods;
	:(c) that the goods have been lawfully made, imported, removed, delivered or exported, or lawfully put into or out of a conveyance or lawfully transferred from one conveyance to		:(c) that the goods have been lawfully made, imported, removed, delivered or exported, or lawfully put into or out of a conveyance or lawfully transferred from one conveyance to another; or
	another; or
	:(d) that goods have been illegally seized or detained.		:(d) that goods have been illegally seized or detained.

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	(4) In proceedings under this Act, it is not necessary to prove guilty knowledge unless otherwise expressly required and, where required, the burden of disproving the guilty knowledge shall be on the opposing party.		(4) In proceedings under this Act, it is not necessary to prove guilty knowledge unless otherwise expressly required and, where required, the burden of disproving the guilty knowledge shall be on the opposing party.


	====149. Certificate of forfeiture====		====149. Certificate of forfeiture====

Oblitey: /* Offences and penalties */

2024-08-04T18:52:20Z

Offences and penalties

← Older revision		Revision as of 20:52, 4 August 2024
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	(3) An officer who does any of the acts specified in subsection (2) commits an offence and is liable on summary conviction to a penalty of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both.		(3) An officer who does any of the acts specified in subsection (2) commits an offence and is liable on summary conviction to a penalty of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both.


	====140. Civil proceedings====		====140. Civil proceedings====

Oblitey: /* 139. Bribes */

2024-08-04T18:51:54Z

139. Bribes

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	:(b) demands or takes an unauthorised fee or reward, whether pecuniary or otherwise, directly or indirectly, on account of anything in relation to the office or employment of the officer;		:(b) demands or takes an unauthorised fee or reward, whether pecuniary or otherwise, directly or indirectly, on account of anything in relation to the office or employment of the officer;
	:(c) delivers up or agrees to deliver up or not to seize anything liable to forfeiture; or		:(c) delivers up or agrees to deliver up or not to seize anything liable to forfeiture; or
	:(d) commits an offence under this Act or conspires or connives with any person for the purpose of committing an offence under this Act, shall, on proof to the satisfaction of the Commissioner-General, be dismissed from office.		:(d) commits an offence under this Act or conspires or connives with any person for the purpose of committing an offence under this Act,
			shall, on proof to the satisfaction of the Commissioner-General, be dismissed from office.

	(3) An officer who does any of the acts specified in subsection (2) commits an offence and is liable on summary conviction to a penalty of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both.		(3) An officer who does any of the acts specified in subsection (2) commits an offence and is liable on summary conviction to a penalty of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both.

Oblitey: /* 139. Bribes */

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139. Bribes

← Older revision		Revision as of 20:51, 4 August 2024
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	(2) An officer who		(2) An officer who
	:(a) demands or takes a bribe, gratuity, recompense or reward for the neglect or non-performance of the duty of the officer;		:(a) demands or takes a bribe, gratuity, recompense or reward for the neglect or non-performance of the duty of the officer;
	:(b) demands or takes an unauthorised fee or reward, whether pecuniary or otherwise, directly or indirectly, on account of anything in relation to the office or employment of the		:(b) demands or takes an unauthorised fee or reward, whether pecuniary or otherwise, directly or indirectly, on account of anything in relation to the office or employment of the officer;
	officer;
	:(c) delivers up or agrees to deliver up or not to seize anything liable to forfeiture; or		:(c) delivers up or agrees to deliver up or not to seize anything liable to forfeiture; or
	:(d) commits an offence under this Act or conspires or connives with any person for the purpose of committing an offence under this Act, shall, on proof to the satisfaction of the Commissioner-General, be dismissed from office.		:(d) commits an offence under this Act or conspires or connives with any person for the purpose of committing an offence under this Act, shall, on proof to the satisfaction of the Commissioner-General, be dismissed from office.

Oblitey: /* 139. Bribes */

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139. Bribes

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	:(a) gives, offers, or agrees to give or procure to be given, a bribe, gratuity, recompense or reward to an officer,		:(a) gives, offers, or agrees to give or procure to be given, a bribe, gratuity, recompense or reward to an officer,
	:(b) gives, offers, or agrees to give an unauthorised fee or reward to an officer, or		:(b) gives, offers, or agrees to give an unauthorised fee or reward to an officer, or
	:(c) induces or attempts to induce an officer to connive to evade a provision of this Act or otherwise to neglect the duty of that officer,		:(c) induces or attempts to induce an officer to connive
	commits an offence and is liable on summary conviction to a fine of not more than two hundred per cent of the total loss that would have been occasioned by the offence or to a fine of not more than two thousand five hundred penalty units whichever is higher or to a term of imprisonment of not more than five years or to both.		to evade a provision of this Act or otherwise to neglect the duty of that officer, commits an offence and is liable on summary conviction to a fine of not more than two hundred per cent of the total loss that would have been occasioned by the offence or to a fine of not more than two thousand five hundred penalty units whichever is higher or to a term of imprisonment of not more than five years or to both.

	(2) An officer who		(2) An officer who
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	(3) An officer who does any of the acts specified in subsection (2) commits an offence and is liable on summary conviction to a penalty of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both.		(3) An officer who does any of the acts specified in subsection (2) commits an offence and is liable on summary conviction to a penalty of not more than two thousand five hundred penalty units or to a term of imprisonment of not more than five years or to both.


	====140. Civil proceedings====		====140. Civil proceedings====

Oblitey: /* Offences and penalties */

2024-08-04T18:49:14Z

Offences and penalties

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	:(d) goods on board which have been staved or destroyed to prevent seizure,		:(d) goods on board which have been staved or destroyed to prevent seizure,
	any person who is knowingly concerned in or privy to the illegal act or thing proved to have been committed, shall incur a penalty equal to two hundred per cent of the value of the goods and the goods are liable to forfeiture to the State or where the goods are not available, the master shall pay a penalty of not less than two hundred penalty units and not more than six hundred penalty units.		any person who is knowingly concerned in or privy to the illegal act or thing proved to have been committed, shall incur a penalty equal to two hundred per cent of the value of the goods and the goods are liable to forfeiture to the State or where the goods are not available, the master shall pay a penalty of not less than two hundred penalty units and not more than six hundred penalty units.


	====139. Bribes====		====139. Bribes====

Oblitey: /* 138. Concealment of goods */

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138. Concealment of goods

← Older revision		Revision as of 20:48, 4 August 2024
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	:(b) with goods imported or intended for export contrary to this Act on board or in a manner attached to it, or which is conveying or has conveyed the goods in any manner,		:(b) with goods imported or intended for export contrary to this Act on board or in a manner attached to it, or which is conveying or has conveyed the goods in any manner,
	:(c) with any part of the contents of which has been thrown overboard to prevent seizure, or		:(c) with any part of the contents of which has been thrown overboard to prevent seizure, or
	:(d) goods on board which have been staved or destroyed to prevent seizure, any person who is knowingly concerned in or privy to the illegal act or thing proved to have been committed, shall incur a penalty equal to two hundred per cent of the value of the goods and the goods are liable to forfeiture to the State or where the goods are not available, the master shall pay a penalty of not less than two hundred penalty units and not more than six hundred penalty units.		:(d) goods on board which have been staved or destroyed to prevent seizure,
			any person who is knowingly concerned in or privy to the illegal act or thing proved to have been committed, shall incur a penalty equal to two hundred per cent of the value of the goods and the goods are liable to forfeiture to the State or where the goods are not available, the master shall pay a penalty of not less than two hundred penalty units and not more than six hundred penalty units.

	====139. Bribes====		====139. Bribes====

Oblitey: /* Offences and penalties */

2024-08-04T18:48:00Z

Offences and penalties

← Older revision		Revision as of 20:48, 4 August 2024
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	(7) In pursuance of subsection (6), a person may prevent a warning being given and may go on land for that purpose without being liable to prosecution, action or suit for so doing.		(7) In pursuance of subsection (6), a person may prevent a warning being given and may go on land for that purpose without being liable to prosecution, action or suit for so doing.


	====132. Interfering with customs gear or goods found at sea====		====132. Interfering with customs gear or goods found at sea====
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	:(a) imports or exports,		:(a) imports or exports,
	:(b) attempts to import or export, or		:(b) attempts to import or export, or
	:(c) causes to be imported or exported goods concealed in any way, or packed in a package, whether there are other goods in the package or not, in a manner calculated to deceive an officer or any package containing goods not corresponding with its entry, the package and the goods in the package are liable to forfeiture to the State and that person shall incur a penalty of not more than three hundred percent of the duty payable on the goods contained in the package.		:(c) causes to be imported or exported
			goods concealed in any way, or packed in a package, whether there are other goods in the package or not, in a manner calculated to deceive an officer or any package containing goods not corresponding with its entry, the package and the goods in the package are liable to forfeiture to the State and that person shall incur a penalty of not more than three hundred percent of the duty payable on the goods contained in the package.

	(2) Where a person conceals un-customed, prohibited or restricted goods intended for importation or attempted importation, landing, removal, transportation, exportation or attempted exportation in a conveyance, on which is constructed a false compartment or structure or which has a secret or disguised place, the goods are liable to forfeiture to		(2) Where a person conceals un-customed, prohibited or restricted goods intended for importation or attempted importation, landing, removal, transportation, exportation or attempted exportation in a conveyance, on which is constructed a false compartment or structure or which has a secret or disguised place, the goods are liable to forfeiture to