| (1) |
A person is guilty of an offence if that person— |
| (b) |
fails to answer a question put to him or her in terms of section 4C(2)(c); |
[Paragraph (1)(c) amended by section 26(a) of Act No. 2 of 2014]
| (f) |
fails to comply with a decision made by the Authority in terms of section 17E; or |
(g)
| (i) |
fails to comply with a demand of an inspector appointed in terms of section 17F; |
| (ii) |
hinders or obstructs such inspector in the exercise of his or her powers; or |
| (iii) |
falsely holds himself or herself out as an inspector. |
| (2) |
A person convicted of an offence in terms of subsection (1) is liable, in the case of a contravention of— |
| (a) |
subsection (1)(a), (b) or (c), to a fine not exceeding R500 000; |
| (b) |
subsection (1)(d), to a fine not exceeding R1 000 000 or to imprisonment not exceeding two years; |
| (c) |
subsection (1)(e) or (f), to a fine not exceeding R1 000 000 or to imprisonment not exceeding one year; and |
| (d) |
subsection (1)(g), to a fine not exceeding R500 000. |
[Subsection (2) amended by section 26(b) of Act No. 2 of 2014]
| (a) |
in applying for a licence in terms of this Act or the underlying statutes or for the renewal, amendment or transfer of such licence, in his or her application furnishes any false or misleading information or particulars or makes any statement which is false or misleading in any material respect, or who wilfully fails to disclose any information or particulars material to his or her application; |
| (b) |
provides a service without a licence or registering as required by this Act or the underlying statutes or fails to obtain the prior written permission of the Authority before transferring a licence; |
| (c) |
fails to keep records as required by this Act or the underlying statutes; |
| (d) |
fails to comply with any order made by the Authority in terms of this Act or the underlying statutes; |
| (e) |
acts in disregard of any prohibition imposed by order of the Authority in terms of this Act or the underlying statutes; |
| (f) |
fails to produce any licence issued to him or her under this Act or the underlying statutes on the demand of any authorised person, or who hinders or obstructs any authorised person in the exercise or performance by the latter of his or her powers, functions or duties in terms of this Act or the underlying statutes; |
| (g) |
has been required in terms of this Act or the underlying statutes to attend and make a statement or to produce any document or object before the Authority who, without sufficient cause, fails to attend at the time and the place specified in the notice, or to remain in attendance until the conclusion of the inquiry or hearing for the purpose he or she is required or until he or she is excused by the chairperson to do so or fails to answer fully and satisfactorily any question lawfully put to him or her, or fails to produce any document or object in his or her possession or custody or under his or her control, which he or she has been required to produce; |
| (h) |
wilfully interrupts the proceedings at any such inquiry or hearing or wilfully hinders or obstruct the Authority or any member thereof in the performance of its or his or her functions at the inquiry or hearing, is guilty of an offence and liable on conviction— |
| (i) |
in the case of an offence contemplated in paragraph (a) to a maximum fine of R500 000; |
| (ii) |
in the case of an offence contemplated in paragraph (b) to a fine not exceeding the greater of R5 000 000 or 10% of the person or licensee’s annual turnover for every day or part thereof during which the offence continued; |
| (iii) |
in the case of an offence contemplated in paragraph (c), (d) or (e) of this subsection, to a fine not exceeding R5 000 000; |
| (iv) |
in the case of an offence contemplated in paragraph (f), (g) or (h), to a maximum fine of R1 000 000. |
[Subsection (3) amended by section 26(c) of Act No. 2 of 2014]
| (4) |
The Authority may permit inspectors to dispose, in such manner as the Authority deems fit, of equipment that has been confiscated but that cannot be type-approved. |
[Subsection (4) inserted by section 26(d) of Act No. 2 of 2014]
[Section 17H inserted by section 19 of Act No. 3 of 2006]
Statistics Act, 1999
