Older Persons Act, 2006
R 385
National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)General Provisions34. Offences and penalties |
| (1) | A person is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding one year if that person— |
| (a) | contravenes or fails to comply with section 14(1), (2) or (3), 19(2) or 20(1)(a), (b) or (c); |
| (b) | fails to keep a commodity or product or consignment or batch in his or her possession or under his or her control at or on specified premises as contemplated in section 15(1); |
| (c) | tampers with or disposes of a commodity or product or consignment or batch in contravention of a directive issued under section 19(1)(g); |
| (d) | fails to co-operate and furnish assistance to an inspector as contemplated in section 18(2); |
| (e) | fails to appear before an inspector for questioning as contemplated in section 19(1)(g); |
| (f) | discloses any information in contravention of section 32; |
| (g) | falsely represents any material or substance to be reference material supplied by the National Regulator; |
| (h) | falsely holds himself or herself out to be an inspector for the purposes of this Act; |
| (i) | makes any relevant statement to an inspector which is false in any material respect, knowing it to he false; |
| (j) | refuses or fails to answer to the best of his or her knowledge any relevant question which an inspector has in the exercise of his or her powers put to him or her; |
| (k) | refuses or fails to comply to the best of his or her ability with any lawful requirement, demand or order of an inspector; or |
| (l) | hinders or obstructs an inspector in the exercise of his or her powers. |
| (2) | If any person is again convicted of an offence in terms of this Act, whether it be for the same or some other offence, that person is for the second or subsequent conviction liable to a fine or imprisonment for a period not exceeding four years. |
| (3) | A court convicting any person of an offence in terms of this Act may, in addition to any penalty imposed in respect of that offence— |
| (a) | and subject to the provisions of subsection (4), order that a commodity or a consignment or batch of a commodity, any other article, or any material or substance in respect of which that offence was committed, he forfeited to the State; and |
| (b) | summarily enquire into and assess the monetary value of any advantage gained or likely to be gained by such person in consequence of that offence and impose on that person a fine to a maximum equal to the amount so assessed and, in default of payment, imprisonment for a period not exceeding one year. |
| (4) | The Board must generally or in a particular case determine the manner in which the forfeited goods referred to in subsection (3)(a) shall be dealt with. |
| (5) | Section 35(4) of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies with the necessary changes in the case of a forfeiture referred to in subsection (3)(a). |
| (6) | Notwithstanding anything to the contrary in any other law contained, a magistrate's court is competent to impose any penalty provided for in this Act. |
