5.—(1) If for the purpose of obtaining any licence or permission under this Order for the exportation or shipment as ships' stores of any goods any person
(i)makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
(ii)recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence or permission which may have been granted for the exportation or shipment as ships' stores of any goods in connection with the application for which the false statement was made or the false document or information furnished, shall be void as from the time it was granted.
(2) A person guilty of an offence under paragraph (1) above shall be liable—
(a)on summary conviction to a fine not exceeding the statutory maximum; and
(b)on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.
(3) Any person who—
(a)has exported goods from the United Kingdom under the authority of a licence granted by the Secretary of State in pursuance of article 3(a); and
(b)fails to comply with any condition attaching to that licence, or fails to comply with article 8 of this Order;
shall be guilty of an offence and liable
(i)on summary conviction to a fine not exceeding the statutory maximum, and
(ii)on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both:
Provided that no person shall be guilty of an offence under this paragraph where he proves—
(i)that the condition with which he failed to comply was modified, otherwise than with his consent, by the Secretary of State; and
(ii)that the goods in relation to which he failed to comply with the condition had, at the time the condition was modified, been exported from the United Kingdom.