Section 29
Import permit required for every consignment
of Building and Construction Authority Act 1999
(1)
Subject to the provisions of this Part, a licensee must not import any essential construction material unless —
the import of each consignment of essential construction material by the licensee is authorised by an import permit and is carried out in accordance with the conditions of the import permit; and
the whole consignment conforms to the description in the import permit.
(2)
Any licensee who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 2 years or to both.
(3)
In any proceedings for an offence under subsection (2), it is a defence for the accused to prove —
that the commission of the offence was due to the act or default of another person or to some other cause beyond the accused’s control; and
that the accused took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the accused or by any person under the accused’s control.
(4)
If in any case the defence provided by subsection (3) involves the allegation that the commission of the offence was due to the act or default of another person, the accused is not, without the leave of the court, entitled to rely on that defence unless, within a period ending 7 clear days before the hearing, the accused has served on the prosecutor a written notice giving such information as was then in the accused’s possession identifying or assisting in the identification of that other person.[31C