s.16Contravention of section 15
16
Section 16Part 0

Contravention of section 15

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Whoever sells, exposes for sale or distributes by way of advertisement, any goods in contravention of section 15 is guilty of an offence and liable on summary conviction to a fine of fifty dollars and in the case of a second or subsequent offence to a fine of two hundred dollars and the court may, in the case of a second or subsequent offence, order the goods in relation to which the offence has been committed to be forfeited:
Provided that —
in the case of the sale wholesale of any goods, it shall be a good defence to proceedings under this section if the person charged with the offence satisfies the court that the goods were sold to the purchaser on an undertaking in writing that they would be exported or sold for exportation to a place outside the Islands, and any such undertaking in writing, if it purports to be signed by the purchaser and specifies the usual business address of the purchaser, shall be admissible as evidence of the facts appearing therein; and
a person shall not be treated as being guilty by virtue of this section of an offence if he proves —
that, having taken all reasonable precautions against committing such an offence, he had, at the time of the commission of the alleged offence, no reason to suspect that the goods were goods to which this Law applied, and that, on a demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained the goods; or
that otherwise he had acted innocently.

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