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National Conventional Arms Control Act, 2002 (Act No. 41 of 2002)

Chapter III : General

24. Offences and penalties

 

 

(1)        A person is guilty of an offence if he or she—

(a)        contravenes section 13;

[Paragraph (a) substituted  by section 15(a) of the National Conventional Arms Control Amendment Act No. 73 of 2008]

(b) fails to comply with or contravenes any specification or condition stated in a permit issued to that person or fails to comply with any condition of an end-user certificate;
(c) furnishes any false information in complying with a request in terms of section 22 or refuses to submit any information required in terms of that section;

(d)        contravenes section 23(6);

[Paragraph (d) substituted  by section 15(b) of the National Conventional Arms Control Amendment Act No. 73 of 2008]

(e) hinders or obstructs any inspector of the Inspectorate in the performance of any function in terms of this Act;
(f) knowingly makes any false statement regarding a matter regulated in terms of this Act to any competent authority;
(g) pretends to be an official of a competent authority or a person authorised by such competent authority;
(h) refuses or fails to comply with any lawful request or order of a competent authority in terms of this Act;
(i) purports to transfer a permit; or
(j) fails to disclose an interest as required by section 25.

 

(2)        Any person convicted of an offence contemplated in subsection (1) is liable—

(a) in the case of an offence referred to in subsection (1)(a) and (b), to a fine, or to imprisonment for a period not exceeding 25 years, or to both such fine and imprisonment;
(b) in the case of an offence referred to in subsection (1)(c) and (d), to a fine, or to imprisonment for a period not exceeding 20 years, or to both such fine and imprisonment;
(c) in the case of an offence referred to in subsection (1)(e) to (j), to a fine, or to imprisonment for a period not exceeding 10 years, or to both such fine and imprisonment.

 

(3) A court convicting any person of an offence referred to in subsection (1)(a) or (c) may, in addition to any other penalty which it may impose, order seizure of any goods, or any other article, or any material or substance in respect of which the offence was committed.

[Subsection (3) substituted  by section 15(c) of the National Conventional Arms Control Amendment Act No. 73 of 2008]