CHAPTER
279
SALE OF MERCHANDISE FROM VESSELS (PROHIBITION) |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
|
Offence to sell merchandise in or from certain
vessels. |
CHAPTER 279 |
SALE OF
MERCHANDISE FROM VESSELS (PROHIBITION) |
An Act to
prohibit the sale of merchandise in certain vessels for delivery in The Bahamas
from such vessels. | 45 of 1962
43 of 1964
18 of 1973
5 of 1987 |
[Commencement 23rd
May, 1962] |
1. This Act may be cited as the Sale of Merchandise
from Vessels (Prohibition) Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"imported
merchandise" means merchandise which has not been manufactured, produced,
grown or bred in The Bahamas. |
"local
vessel" means a vessel- |
(a) owned
wholly by a person who is a permanent resident; or |
(b) owned
wholly by persons who are permanent residents; or |
(c) owned
wholly by a company incorporated under the laws of and carrying on business
within The Bahamas of which over fifty per centum of the value of the stock is
beneficially owned by a permanent resident or by permanent residents; |
"merchandise"
includes goods of every description, live stock and agricultural products; |
"permanent resident" means- |
(a) a citizen
of The Bahamas; |
(b) a
permanent resident within the meaning of the Immigration Act; and |
(c) any other
person who has been ordinarily resident in The Bahamas for a period of more
than five years and who is in possession of a valid permit permitting him to
engage in gainful occupation issued under the Immigration Act; |
"vessel"
means ship, boat, lighter, barge or other craft used in navigation whether of
the same kind as those enumerated or not, however propelled. |
3. (1) It shall be an offence for any person in any
vessel, other than a local vessel, while such vessel is in The Bahamas to sell
any imported merchandise- | Offence to sell merchandise in or from certain
vessels. |
(a) to any
person over the side of such vessel; or |
(b) to any
person in such vessel for the purpose of such merchandise being taken from such
vessel, while in The Bahamas, by such person or any other person, unless the
seller of such merchandise proves that he did not know, or that he could not
with reasonable care have known, that the purchaser of such merchandise, or any
other person, intended to take such merchandise from such vessel within The
Bahamas. |
(2) Every person
who commits, attempts to commit or aids or abets the commission of an offence
under the provisions of subsection (1) of this section shall be liable
on summary conviction for such offence to a fine not exceeding four hundred
dollars or to imprisonment for a term not exceeding six months or to both such
fine and such imprisonment. | Penalties. |