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Animal Diseases Act, 1984 (Act No. 35 of 1984)

32. Offences and penalties

 

(1) Any person who—
(a) with the object of introducing or spreading any animal disease or parasite in the Republic, contravenes any provision of section 20, or of a condition of a permit referred to in that section, or fails to comply with any provision of such condition;
(b)
(i) with the object of spreading any animal disease or parasite in the Republic, contravenes any provision of section 8(1) or (3) or section 12(4)(a); or
(ii) with such object removes any animal or thing which has been isolated or is being detained under or pursuant to any other provision of this Act, without the written authority of the director, or contrary to any condition of such authority, from such isolation or detention; or
(iii) removes any animal or thing which has been isolated or is being detained under or pursuant to any provision of this Act, without the written authority of the director, or contrary to any condition of such authority, from such isolation or detention, such removal not being penalized by any other provision of this subsection;
(c) obstructs or hinders the director, an officer, an authorized person or any other person in the exercise of any power or the performance of any duty under this Act;
(d) damages, removes without the consent of any such person or otherwise tampers with any conveyance, appliance, instrument, tool, equipment, remedy or any other object belonging to, or under the supervision or custody of, the director, an officer, an authorized person or any other person who is exercising or performing, or is required to exercise or perform, any power or duty in terms of this Act, with, or in connection with any such object, or, in the case of any such animal, injures it, or removes it without the consent of any such person, or otherwise interferes with it;
(e) in order to compel the director, an officer, an authorized person or any other person to perform or to abstain from performing any act in respect of the exercise of any power or the performance of any duty under this Act, or on account of the director, any officer, any authorized person or any such person having performed or abstained from the performance of such act, threatens the use of violence or force, or suggests the use of violence or force, upon any such person;
(f) obtains by false representations any permit, consent or authority issued or given under any provision of this Act, from the director, or any, other decision from the director which is under any such provision required or permitted to be given;
(g) alters in any particular or forges any permit, consent, authority or any other document issued, given or granted under any provision of this Act;
(h) with intent to evade any provision of this Act, uses any altered or forged permit, consent, authority or other document referred to in paragraph (g);
(i) damages, destroys, moves, removes, erases, alters or otherwise tampers with any beacon, mark or seal which has under any provision of this Act been installed or affixed on, or in connection with, any land, controlled animal or thing or any other thing;
(j) performs, or abstains from performing, any act for which a permit, consent or authority or other document is required under this Act, without such permit, consent, authority or document having been issued, granted or given in respect thereof to him, such performance or abstention not being penalized by any other provision of this subsection;
(k) obtains, or aids and abets any other person to obtain, by means of false representations, any compensation under this Act;
(l) damages, destroys or otherwise tampers with any sample taken under this Act, or any object so seized, or, in the case of an animal, injures it, or removes it out of the possession or control of the director, or destroys it;
(m)
(i) removes, or causes to be removed, any animal or thing in respect of which a permit referred to in section 6(1)(a) is required to be obtained, from or out of any place outside the Republic, with the object of importing it into, or conveying it in transit through, the Republic, without such permit having been issued to him; or

[Section 32(1)(m)(i) substituted by section 10(a) of Act No. 18 of 1991]

(ii) contravenes any provision of section 6(2)(a) or (b);
(iii) is found in possession of any animal or thing in respect of which a permit referred to in section 6(1)(a) is required to be obtained and in respect of which there is a reasonable suspicion that it was imported into the Republic without such permit or contrary to a condition of such permit, and is unable to give a satisfactory account of such possession;

[Section 10(1)(m)(iii) inserted by section 10(b) of Act No. 18 of 1991]

(n)
(i) refuses or fails to stop any conveyance, or to permit the director to take it under his control or to board it, as contemplated in section 16(1)(a)(ii), whenever he is for that purpose directed or requested by the director,
(ii) refuses or fails to render reasonable assistance whenever it is demanded from him by the director under section 16(1)(b)(ii); or
(iii) refuses or fails to comply with any requirement of the director contemplated in section 16(2)(b);
(o) as an owner of animals for whom a provision of an animal health scheme is binding, contravenes any such provision, or fails to comply therewith;
(p) contravenes any provision of a control measure, or fails to comply therewith;
(q) refuses or fails to receive any order or other document served on him in terms of this Act;
(r)
(i) contravenes, or fails to comply with, any provision of an order; or
(ii) as a legal successor to any person referred to in subparagraph (i), contravenes any provision of an order referred to in that subparagraph, or fails to comply therewith;
(s) refuses or fails to comply with any provision of section 11;
(t) contravenes any provision of section 18(7)(a) or (b);
(u) contravenes any provision of section 4(3), 12(1)(a) or (b), (3) or (4)(b), or 24, or fails to comply therewith;

[Section 10(1)(u) substituted by section 10(c) of Act No. 18 of 1991]

(v) contravenes any provision of section 25;
(w) contravenes, or fails to comply with, any prescribed or other condition imposed by the director under this Act in respect of any permit, consent or authority, or any direction so given or issued by the director, an officer, or any other person or body, such contravention or failure not being penalized by any other provision of this subsection; and
(x) contravenes, or fails to comply with, any regulation, such contravention or failure not being penalized by any other provision of this subsection,

shall be guilty of an offence, and—

(aa) on conviction of an offence referred to in paragraph (a) or (b)(i) or (ii), be liable to imprisonment for a period not exceeding seven years;
(bb) on a first conviction of an offence referred to in any paragraph of this subsection other than a paragraph mentioned in item (aa), be liable to a fine not exceeding R8 000 or to imprisonment for a period not exceeding two years, or to both such fine and such imprisonment;

[Item (bb) substituted by section 10(d) of Act No. 18 of 1991]

(cc) on a second conviction of an offence referred to in item (bb), be liable to a fine not exceeding R 16 000 or to imprisonment for a period not exceeding four years, or to both such fine and such imprisonment;

[Item (cc) substituted by section 10(e) of Act No. 18 of 1991]

(dd) [Item (dd) deleted by section 10(f) of Act No. 18 of 1991]
(ee) [Item (ee) deleted by section 10(f) of Act No. 18 of 1991]
(ff) on a third or subsequent conviction of an offence referred to in item (bb), be liable to imprisonment for a period not exceeding the period referred to in item (cc), without the option of a fine.

[Item (ff) substituted by section 10 (g) of Act No. 18 of 1991]

 

(2) Any livestock auctioneer referred to in subsection (2) of section 26 through whose agency any animal referred to in that subsection is sold, or who contravenes any direction of the director referred to therein, or fails to comply therewith, shall be guilty of an offence, and be liable on any first, second or subsequent conviction in accordance with the provisions of items (bb), (cc), and (ff) in so far as it relates to any period of imprisonment referred to in the said item (cc), respectively, of subsection (1) of this section.

 

(3) An offence referred to in subsection (1)(m)(i) shall, for purposes in relation to jurisdiction of a court to try the offence, be deemed to have been committed in any place where the accused happens to be.

 

(4) On any conviction for any offence under this Act a conviction for a corresponding offence under any Act repealed by section 35 (1) of this Act, or of any law made thereunder, shall be deemed to be a previous conviction under this Act.