Intellectual Property Rights from Publicly Financed Research and
R 385
Pharmacy Act, 1974 (Act No. 53 of 1974)Chapter V : Disciplinary Powers of the Council45A. Postponement of imposition, and suspension of operation, of penalty |
| (1) | Where the council finds a person referred to in section 45 (1) guilty of conduct referred to therein, it may— |
| (a) | postpone, for such period and on such conditions as it may determine, the imposition of a penalty; or |
| (b) | impose any penalty mentioned in section 45(1)(b) or (c), but order the execution of such penalty to be suspended for such period and on such conditions as it may determine. |
| (2) |
| (a) | If at the end of the period for which the imposition of a penalty has been postponed in terms of subsection (1)(a), the council is satisfied that the person concerned has observed all the relevant conditions, the council shall inform him that no penalty will be imposed upon him. |
| (b) | If the execution of a penalty has been suspended in terms of subsection (1)(b), and the council is satisfied that the person concerned has observed all relevant conditions throughout the period of suspension, the council shall inform him that such penalty will not be executed. |
| (c) | If the execution of a penalty has been suspended in terms of subsection (1)(b) and the person concerned fails to observe any of the conditions of suspension, the council shall put such penalty into operation unless such person satisfies the council that the non-observance of the condition in question was due to circumstances beyond his control. |
