(b) goods are loaded on board any vessel in contravention of subsection (1) those goods are liable to forfeiture and the master commits an offence and is liable to a fine of $5,000 and, where the loading was done with fraudulent intent, any person concerned in that loading with that intent commits an offence and is liable to a fine of $5,000, or 3 times the value of the goods, whichever is the greater, or to imprisonment for 2 years, or to both, and may be arrested.