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FUEL (PENALTY SURCHARGES) ADMINISTRATION ACT 1997 No. 166 of 1997 - SECT 48
Persons not to remove or neutralise markers
(1) A person is guilty of an offence if the person removes a marker from, or
neutralises the presence of a marker in, fuel.
Penalty: 10 times the amount
of excise duty applicable to the fuel if it were entered under the Excise Act
as unmarked fuel of a kind classified to subparagraph 11(C)(2)(a) of the
Schedule to the Excise Tariff or 500 penalty units, whichever is the greater.
Note: Chapter 2 of the Criminal Code sets out the general principles of
criminal responsibility.
(2) A person is guilty of an offence if the person removes a marker from, or
neutralises the presence of a marker in, fuel.
Penalty: 2 times the amount of
excise duty applicable to the fuel if it were entered under the Excise Act as
unmarked fuel of a kind classified to subparagraph 11(C)(2)(a) of the Schedule
to the Excise Tariff or 100 penalty units, whichever is the greater.
Note:
Chapter 2 of the Criminal Code sets out the general principles of criminal
responsibility.
(3) Strict liability applies to subsection (2).
Note: For strict liability ,
see section 6.1 of the Criminal Code .
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