Clause 55

the person tranships a consignment comprising any transhipment‑controlled item;

the person knows, or ought reasonably to know, that the consignment comprises the transhipment‑controlled item; and

the person is not one of the following:

a licensed importer or licensed exporter who is granted a transhipment consignment permit covering the particular consignment;

a person exempt from this section under section 320 or 321 in relation to the transhipment of that consignment.

where the person is an individual —

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

where the person is not an individual —

to a fine not exceeding $30,000; or

where the person is a repeat offender — to a fine not exceeding $60,000.

is convicted, or found guilty, of such an offence (called the current offence); and

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 an offence under subsection (1).