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

Chapter III : General

Purchase

(1)	Notwithstanding anything to the contrary in this Act, the Committee may impose an administrative fine on any person, hereinafter called ‘‘the offender’’—

(a) who is alleged to have committed an offence contemplated in section 24(1)(b) to (j); or

(b) who fails to keep the prescribed records, minutes, registers and financial statements as required by the regulations.

(2)	An administrative fine imposed under subsection (1) may not exceed 10 per cent of the offender’s annual turnover in the Republic and its exports from the Republic during the offender’s preceding financial year.

(3) When determining an appropriate fine, the Committee must consider the following factors:

(a) The nature, duration, gravity and extent of the contravention;

(b) any damage to the economic or national security interests suffered as a result of the contravention;

(d) the level of profit derived from the contravention;

(e) the degree to which the offender has co-operated with the Committee; and

(f) whether the offender has previously contravened this Act.

(4)	Where the Committee is considering the imposition of an administrative fine it must cause to be delivered by hand to the offender an infringement notice which must contain the particulars of the offences contemplated in subsection (1).

(5) A notice contemplated in subsection (4) must—

(a)	specify the name and address of the offender;

(b)	specify the particulars of the alleged offence;

(c)	specify the amount of the administrative fine the Committee intends to impose; and

(d)	inform the offender that he or she is entitled to elect to be tried in court instead of paying the administrative fine.

(6) The imposition of an administrative fine is subject to compliance with the rules relating to a fair administrative action.

(7)	If an offender elects to be tried in court the Committee must hand the matter over to the National Prosecuting Authority and inform the offender accordingly.

(8)

(a)	If an offender fails to comply with the requirements of a notice contemplated in subsection (4), the Committee may file with the clerk or registrar of any competent court a statement setting forth the alleged offence and the amount of the administrative fine payable by the offender.

(b)	Any such statement has the effect of a civil judgment lawfully given by the court in favour of the Committee for a liquid debt to the amount specified in the statement.

(9)	The Committee may not impose an administrative fine contemplated in this section if the person concerned has been charged with a criminal offence in respect of the same set of facts.

(10)	No prosecution may be instituted against a person if the person concerned has paid an administrative fine in terms of this section in respect of the same set of facts.

(11)	An administrative fine imposed in terms of this section does not constitute a previous conviction as contemplated in Chapter 27 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977).

(12)	A fine payable in terms of this section must be paid into the National Revenue Fund referred to in section 213 of the Constitution.

[Section 24A inserted by section 16 of the National Conventional Arms Control Amendment Act No. 73 of 2008]