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In forceAmended2020 Revised Edition

Part 3 · Trade Information Certificates

10G. False representations relating to trade information certificates

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Amended

Last amended by an amending law of 2025.

(1)

Any person who represents that a trade information certificate in respect of any goods is a trade information certificate that is issued by —

(a)

the Director-General;

(b)

an authorised certificate issuer; or

(c)

an authorised certificate issuer who is authorised to issue that class, description or type of trade information certificates in respect of that class, description or type of goods,whether expressly or by implication, knowing or having reason to believe that the representation is false, shall be guilty of an offence.

(2)

Any person who represents that a trade information certificate (whether or not issued by the Director-General or an authorised certificate issuer) is issued in respect of goods (goods Y) other than the goods for which it was issued, knowing or having reason to believe that the representation is false, shall be guilty of an offence.

(3)

Any person who is guilty of an offence under subsection (1) shall be liable on conviction —

(a)

in respect of a first offence — to a fine not exceeding $100,000 or 3 times the value of the goods in respect of which the trade information certificate mentioned in that subsection was issued, whichever is greater, or to imprisonment for a term not exceeding 2 years or to both; and

(b)

in respect of a second or subsequent offence — to a fine not exceeding $200,000 or 4 times the value of the goods in respect of which the trade information certificate mentioned in that subsection was issued, whichever is greater, or to imprisonment for a term not exceeding 3 years or to both.

(4)

Any person who is guilty of an offence under subsection (2) shall be liable on conviction —

(a)

in respect of a first offence — to a fine not exceeding $100,000 or 3 times the value of goods Y, whichever is greater, or to imprisonment for a term not exceeding 2 years or to both; and

(b)

in respect of a second or subsequent offence — to a fine not exceeding $200,000 or 4 times the value of goods Y, whichever is greater, or to imprisonment for a term not exceeding 3 years or to both.

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Miscellaneous