or
(b) subsection (1) and he has previously been convicted of an offence, whether similar in
nature or not, in terms of subsection (1);
the court shall, in addition to any fine which it might be required by subsection (4) to impose or
which it otherwise deems fit, impose a sentence of imprisonment for such period as it deems fit.
(6) Where a person—
(a) is convicted of an offence in terms of—
(i) paragraph (a) of subsection (1) which involves the exportation from, or
acquisition outside, Zimbabwe of any gold, currency, security, goods or other
property whatsoever in contravention of this Act; or
(ii) paragraph (b) of subsection (1) and the statement was made or the document
was produced for the purposes of or in connection with the exportation from, or
acquisition outside, Zimbabwe of any gold, currency, security, goods or other
property whatsoever in contravention of this Act;
and
(b) does not satisfy the court that��
(i) foreign currency in an amount of not less than the value of such property which
has been exported from, or acquired outside, Zimbabwe has been received in
Zimbabwe; or
(ii) where the offence involves the exportation from Zimbabwe of such property,
such property has been returned to Zimbabwe;
the court may, before passing sentence, adjourn the proceedings for such period not exceeding
three months as the court deems fit in order to give the convicted person an opportunity of so
satisfying the court on the resumption of the proceedings.
(7) Where a person convicted of an offence referred to in paragraph (a) of subsection (4)
does not satisfy the court as to one or other of the requirements mentioned in subparagraphs (i)
and (ii) of paragraph (b) of subsection (6), the court shall—
(a) in all cases have regard to that fact as a factor in aggravation of sentence; and
(b) if the convicted person is an individual and the value of the property concerned
exceeds the amount of a fine of level eight, impose a sentence of imprisonment for
such period as the court deems fit in addition to any fine required by subsection (4).
(8) For the purposes of subsection (4), the fact that a person is not able to pay the minimum
fine required by that subsection shall not be regarded as a special reason why such fine should
not be imposed.
(9) Where any gold, currency, security, goods or other property whatsoever has been
exported from, or acquired outside, Zimbabwe in accordance with—
(a) regulations made under this Act and the person concerned contravenes any
requirement contained in such regulations; or
(b) a permit, authority, permission, direction, notice, order or other instrument made or
issued under or by virtue of this Act and the person concerned fails to comply with any
term or condition thereof;
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