| (1) |
A person commits an offence if he or she— |
| (i) |
by words, conduct or demeanour pretends that he or she is a member; |
| (ii) |
encourages a member not to carry out his or her duty or to perform any act in conflict with his or her duty; |
| (iii) |
discloses classified information or material entrusted to him or her by the Director-General or a member without the permission of the Director-General; |
[paragraph (1)(a)(iii) substituted by section 38(a) of Act No. 11 of 2013]
| (c) |
not being the person to whom a decoration or medal was awarded, wears it or, without the written permission of the Director-General, makes use of any decoration or medal established or introduced under this Act, or of its bar, clasp or ribbon, or anything so closely resembling any such decoration, medal, bar, clasp or ribbon as to be calculated to deceive; |
| (d) |
without the approval of the Minister, in connection with any activity carried on by him or her takes, assumes, uses or in any manner publishes any name, description, title or symbol that indicates or conveys or purports to indicate or which is likely to lead other persons to believe or infer that such activity is carried on under or by virtue of this Act or under the patronage of the Agency or is in any manner associated or connected with the Agency; |
| (e) |
enters upon any premises in contravention of any prohibition or restriction under section 33; |
| (f) |
being a former member— |
| (i) |
discloses classified information or material without the permission of the Director-General; |
| (ii) |
renders security services in contravention of section 28; or |
[paragraph (1)(f)(i) substituted by section 38(c) of Act No. 11 of 2013]
| (g) |
being a member, discloses classified information or material without the permission of the Director-General. |
[subsec tion (1)(c)(d) substituted by section 38(b) of Act No. 11 of 2013]
[subsection (1)(g) substituted by section 38(d) of Act No. 11 of 2013]
| (2) |
Any person convicted of an offence in terms of this Act is liable, in the case of a contravention referred to in— |
| (a) |
subsection (1)(a)(i) or (ii), to a fine, or to imprisonment for a period not exceeding six months; |
| (b) |
subsection (1)(a)(iii), to a fine or to imprisonment for a period not exceeding five years; 25 |
| (c) |
subsection (1)(b) or (c), to a fine or to imprisonment for a period not exceeding one year; |
| (d) |
subsection (1)(d), to a fine or to imprisonment for a period not exceeding two years; |
| (e) |
subsection (1)(e), to a fine or to imprisonment for a period not exceeding 15 years; |
| (f) |
subsection (1)(f), to a fine or to imprisonment for a period not exceeding 10 years; or |
| (g) |
subsection (1)(g), to a fine or to imprisonment for a period not exceeding 10 years. |
Older Persons Act, 2006
