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reg 137

Use of sandalwood tracking forms: transportation

In force
Part 6Transportation and storage of sandalwood

137 Use of sandalwood tracking forms: transportation

(1)

A person must not transport sandalwood in a case where a sandalwood tracking form is required under these regulations without being in possession of a sandalwood tracking form that complies with the requirements of this Part.

Penalty for this subregulation: a fine of $5 000.

(2)

It is a defence to a charge of an offence under subregulation (1) to prove that the person charged —

(a)

was in possession of a form that appeared to be a duly completed sandalwood tracking form; and

(b)

had no reason to believe that it was not a sandalwood tracking form that complies with the requirements of this Part.

(3)

If a person engages another person (a driver) to transport sandalwood in a case where a sandalwood tracking form is required under this Part, the person must, before the transportation occurs, ensure that the driver is given a sandalwood tracking form that complies with the requirements of this Part.

Penalty for this subregulation: a fine of $25 000.

(4)

A person must not deliver sandalwood in a case where a sandalwood tracking form is required under this Part to —

(a)

a person other than the person specified in the sandalwood tracking form for that sandalwood as being the person to whom the sandalwood is to be delivered; or

(b)

a place other than the place specified in the sandalwood tracking form for that sandalwood as being the place to which the sandalwood is to be delivered.

Penalty for this subregulation: a fine of $5 000.

(5)

A person who transports sandalwood in a case where a sandalwood tracking form is required under this Part must give to the person to whom the sandalwood is delivered, at the time of delivery, a sandalwood tracking form that complies with the requirements of this Part.

Penalty for this subregulation: a fine of $5 000.

(6)

It is a defence to a charge of an offence under subregulation (5) to prove that the person charged —

(a)

gave to the person to whom sandalwood was delivered a form that appeared to be a duly completed sandalwood tracking form; and

(b)

had no reason to believe that it was not a sandalwood tracking form that complies with the requirements of this Part.

[Regulation 137 amended: SL 2022/43 r. 8.]

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