s.23Restricted items
23
Section 23Part 5 — Enforcement and Penalties

Restricted items

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Subject to subsection (3), a person who has a restricted item in that person's possession or control or who engages in any activity with a commercial purpose with respect to a restricted item commits an offence.
A restricted item for the purposes of subsection (1) is —
a specimen that has been imported on or after 14th September 1978 contrary to the provisions of this Act;
a specimen that has been transported contrary to the provisions of this Act; or
anything that derives from or is made wholly or partly from a specimen referred to in paragraph (a) or (b).
A person shall not be guilty of an offence under subsection (1) with respect to a restricted item if that person proves to the satisfaction of the Court, —
that at the time when it first came into that person's possession, that person made such enquiries (if any) as in the circumstances were reasonable in order to ascertain whether it was a restricted item; and
that, at the time the alleged offence was committed, that person had no reason to believe that it was a restricted item.
Without prejudice to the generality of subsection (3), a person (the accused) shall be taken to have made such enquiries as are there mentioned if that person produces to the Court a written statement that was furnished by the person from whom the accused obtained possession of the restricted item (the supplier), that was signed by the supplier or by a person authorised by that supplier, and which states that, —
the supplier made enquiries at the time the restricted item came into that supplier's possession in order to ascertain whether it was a restricted article, and
the supplier had no reason to believe at the time that the supplier relinquished possession of the restricted item to the accused that the article was at that time a restricted item.
A person who furnishes for the purposes of subsection (4) a written statement that that person knows to be false in a material particular, or recklessly furnishes for those purposes a certificate that is false in a material particular, commits an offence.

Defined Terms

restricted item

Referenced By