Intellectual Property Rights from Publicly Financed Research and
R 385
Consumer Protection Act, 2008 (Act No. 68 of 2008)Chapter 6 : Enforcement of ActPart C : Offences and penalties112. Administrative fines |
| 1) | The Tribunal may impose an administrative fine in respect of prohibited or required conduct. |
| 2) | An administrative fine imposed in terms of this Act may not exceed the greater of— |
| a) | 10 per cent of the respondent’s annual turnover during the preceding financial year; or |
| b) | R1 000 000. |
| 3) | When determining an appropriate administrative fine, the Tribunal must consider the following factors: |
| a) | The nature, duration, gravity and extent of the contravention; |
| b) | any loss or damage suffered as a result of the contravention; |
| c) | the behaviour of the respondent; |
| d) | the market circumstances in which the contravention took place; |
| e) | the level of profit derived from the contravention; |
| f) | the degree to which the respondent has co-operated with the Commission and the Tribunal; and |
| g) | whether the respondent has previously been found in contravention of this Act. |
| 4) | For the purpose of this section, the annual turnover of a supplier at the time when an administrative fine is assessed, is the total income of that supplier during the immediately preceding year, as determined in the prescribed manner. |
| 5) | A fine payable in terms of this section must be paid into the National Revenue Fund referred to in section 213 of the Constitution. |
