The Laws of Fiji
Search
Last Updated: 1 August 2020
[CUS 11,400] SCHEDULE 1 (Regulation 2)CUSTOMS ACT 1986
[Sch 1 am Act 29 of 2020 s 4, effective 1 August 2020]
| Section | Fixed Penalty Offence | Maximum Penalty Fine Imprisonment | Fixed Penalty | ||||||
|---|---|---|---|---|---|---|---|---|---|
| Infringement Notice Penalty Individuals | Infringement Notice Penalty Body Corporate | ||||||||
| 1st Offender | 2nd Offender | 3rd Offender | 4th or more | 1st Offender | 2nd Offender | 3rd or more | |||
| 11A(5) | Failure to comply with section 11A for advanced notification of arrival of aircraft or ship | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 13 | Failure to comply with section 13 in refusing or not facilitating the boarding or disembarkation of or neglecting to receive any officer at any place in Fiji on board such aircraft or ship etc | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 14(4) | Failure to comply with procedures under section 14 on arrival | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 16(2) | Failure to comply with restriction on boarding before proper officer | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 17(2) | Provisions as to persons disembarking from or going on board an aircraft, ship etc | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 27(2) | Failure to comply with section 27 in relation to unentered goods | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 31(3) | Failure to uphold an undertaking | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 37(3) | Failure to comply with the criteria for a bonded warehouse under section 37 | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 38 | Failure to comply with section 38(5) or (6) for bonded warehouses | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 40(3) | Failure to comply with directions given by the Comptroller | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 47(5) | Failure to comply with section 47 on entry of warehoused goods etc | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 55 | General offences relating to bonded warehouses | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 63G | Failure to comply with conditions imposed under section 63F(1) | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 65(2) | Failure to comply with requirements under section 65 for loading etc | A fine of 3 times the value of the export declared on the export entry declaration or a fine not more than $50,000, whichever is greater 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 66H(1) | Penalty when goods under secure exports scheme are found contrary to declaration | A fine of 3 times the value of the export declared on the export entry declaration or a fine not more than $50,000, whichever is greater 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 71 | Giving incorrect material particulars | $25,000 plus 10% of the export value 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 72(5) | Failure of aircraft or ship to depart from Fiji within specified time | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 74(2) | Failure to comply with section 74 on discharge of goods for export | A fine of 3 times the value of the export declared on the export entry declaration or a fine not more than $50,000, whichever is greater 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 95D(1) | Failure to comply with garnishee order | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 100(1) | Failure to comply with section 100 on drawbacks | $25,000 or 3 times the amount of the drawbacks claimed whichever is greater 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $10,000 | $25,000 |
| 100(2) | Wilfully claiming more drawback on any goods than is legally due etc | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $10,000 | $25,000 |
| 102(3) | Failure to comply with section 102 on power of Comptroller with regard to invoices | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 103(4) | Failure to comply with section 103 by the master of a ship or an aircraft | (a) For the master of a light aircraft or ship of less than 250 tonnes, a fine of not more than $40,000 10 years (b) For the master of an aircraft other than a light craft or ship of more than 250 tonnes, a fine of not more than $200,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 104(4) | Failure to comply with section 104(4) on powers to board ship etc and search | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 104(5) | Failure to comply with section 104(5) by the master of a ship or aircraft | $25,000 or 3 times the value of any goods found to be missing, whicher is greater 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 113(1) | Penalty for interfering with Customs ships etc | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 116(3) | Failure to comply with section 116 on power to require declaration | $25,000 or 3 treble the value of the thing not declared or of the baggage or thing not produced, whichever is greater 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 122(2) | Failure to comply with section 122 on powers to prevent flight of aircraft | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 124 | Offences in relation to violence etc | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 134(1) | Various penalties associated with owners of aircraft and ships | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 136 | Removal or destruction of dutiable goods | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 137 | (a) Providing documents that are incorrect for Custom purposes. (b) Making false entries (c) Making false declarations (d) Misleading an Officer (e) Not providing correct name or address (f) Selling of goods on board an aircraft or any place under Customs Control without authorisation. (g) Delivering, removal or withdrawal of goods under customs control without prior examination. (h) Unlawful conveyance or possession of smuggled goods (i) Refuses or fails to stop any means of conveyance when called to do so. | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 137F | Failure to reflect duty protection in price of goods | $100,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 143 | General penalties | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |
| 149(4) | Failure to comply with section 149(2) | $25,000 10 years | $1,000 | $5,000 | $10,000 | $25,000 | $10,000 | $15,000 | $25,000 |