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Customs (Penalty Notice) Regulation

Commencement: 15 September 2003


CUSTOMS (PENALTY NOTICE) REGULATION


Order 32 of 2003


1. Interpretation
In this Regulation, “Act” means the Customs Act [Cap. 257].


2. Prescribed amounts for penalty notices
For the purpose of section 102(2) of the Act, the prescribed amount in respect of an offence committed under a section of the Act listed in Column 2 of the Table is:


(a) the amount set out in Column 3 of that Table for a first offence under such section; and


(b) the amount set out in Column 4 of that Table for a second or subsequent offence under such section.


Table
Column 1
Item
Column 2
Subsection of the Act
Column 3
Prescribed amount for first offence
Column 4
Prescribed amount for second or subsequent offences
1
18(5)
10,000 Vt
20,000 Vt
2
21(3)
10,000 Vt
20,000 Vt
3
25(7)
10,000 Vt or 2 times value of goods involved, whichever is the lesser
20,000 Vt or 2 times value of goods involved, whichever is the lesser
4
26(4)
10,000 Vt or 2 times value of goods involved, whichever is the lesser
20,000 Vt or 2 times value of goods involved, whichever is the lesser
5
29(3)
10,000 Vt
20,000 Vt
6
31(10)
10,000 Vt or 2 times value of goods involved, whichever is the lesser
20,000 Vt or 2 times value of goods involved, whichever is the lesser
7
32(5)
10,000 Vt or 2 times value of goods involved, whichever is the lesser
20,000 Vt or 2 times value of goods involved, whichever is the lesser
8
36(4)
20,000 Vt
40,000 Vt
9
38(2)
10,000 Vt or 2 times value of goods involved, whichever is the lesser
20,000 Vt or 2 times value of goods involved, whichever is the lesser
10
45(4)
20,000 Vt
40,000 Vt
11
47(3)
10,000 Vt
20,000 Vt
12
51(4)
10,000 Vt
20,000 VT

3. Form of penalty notice
For the purposes of section 102 of the Act, a penalty notice is to be in the form set out in the Schedule.


SCHEDULE


CUSTOMS ACT [CAP. 257]
PENALTY NOTICE


Vanuatu Government
Customs and Inland Revenue
PMB 012 P. VILA
Gouvernement de Vanuatu
Service des Douanes et des Contributions Indirectes

Part 1


The Customs officer whose name, rank and signature appears at the bottom of the following page, has reason to believe you have committed an offence under the provision/s of the Customs Act [Cap. 257] set out below in Column 1.


You can elect to pay the penalty set out below in Column 2 or Column 3 (whichever applies) or have the alleged offence/s decided by a court.


Column 1
Subsection of the Customs Act [Cap. 257]
Column 2
Prescribed amount for first offence
Column 3
Prescribed amount for second or subsequent offences




Part 2


The date, place and details of the alleged offence/s are set out below


Date of alleged offence/s
Place of alleged offence/s



Details of alleged offence/s


The penalty payable in respect of the alleged offence/s from Column 2 or 3 (whichever applies) on the previous page is set out below:


Alleged offence/s
Penalty payable

Part 3


I offer to pay the penalty listed in Part 2 on the agreement that on payment of the penalty no further action will be taken against me concerning the alleged offence/s.


Name of Offender
Address of Offender
Signature of Offender
Date





This offer is accepted and the above penalty amount has been received


Official Receipt No ............................


Date ..............................................


for ............................................ Vt


Name of Offender
Rank of Offender
Signature of Offender
Date





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