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Saad did not intend to contravene the Customs Act is irrelevant in assessing whether or not a seizure and penalty is valid. [25]            As the court in Trites v. ... The Enforcement Manual states that Level 2 “applies to violations where the circumstances demonstrate an active attempt by the importer to contravene the Customs Act.” Specifically, under the heading of “Non-Report and Inaccurate Information”, the Enforcement Manual states that Level 2 is applied when the circumstances are the same as for Level 1, but “inaccurate information is given concerning the goods following their discovery”. [29]            Here the penalty was assessed at Level 2 because, according to the CBSA, not only was there an active attempt to contravene the law, but Mr. ...

(a) director, officer, employee or agent of any licensee or former licensee: shall, without the express or implied consent of the customer concerned, disclose to any person any such information relating to the identity, assets, liabilities, transactions, accounts of a customer of a licensee or relating to any application by any person under the provisions of this Act as the case may be, except (iii) when a licensee is lawfully required to make a disclosure by any court of competent jurisdiction within The Bahamas, or under the provisions of any law of The Bahamas.... (3) Every person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding fifteen thousand dollars or to a term of imprisonment not exceeding two years or to both such fine and imprisonment. ...

For example, he says there is a question as to whether section 231.2 of the Income Tax Act contravenes section 8 of the Charter of Rights and Freedoms in respect of the requirement on third parties to disclose the names of unnamed persons. ...

In these circumstances, the appellant has pleaded that the provisions of the Income Tax Act and its, to use the appellant’s word, “conflict” with other relevant laws and discriminates against the unemployed and contravenes the Canadian Charter of Rights and Freedoms. ...

The Court approves the remarks of Judge O’Meara, where he says: ‘ it becomes clear that the evil envisaged by the non-compliance with or by the contravention of the said sections of the Act is one which goes to the very heart of the administration and perception of the revenue of the state, and a failure on the part of any person to comply with such dispositions or such person to contravene the same, may, in the given circumstances, be considered almost as a fraud perpetrated upon the constituted agency of Government to which is entrusted the administration and enforcement of the Act.”’ ...

From this decision an appeal was taken to the County Judge, who dismissed the appeal, holding that in the absence of affirmative evidence that the notice did not contravene the provisions of s. 66(3) of the Separate Schools Act, the whole of the assessments of the Company ‘‘should be entered, rated and assessed for the purpose of Public Schools. ...