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Prevention of Organised Crime Act, 1998 (Act No. 121 of 1998)

Chapter 8 : General Provisions

77. Regulations

 

(1) The Minister may make regulations—
(a) with regard to the fees referred to in section 28(3)(c);
(b) [Section 77(1)(b) deleted by section 79 of Act No. 38 of 2001]
(c) [Section 77(1)(c) deleted by section 79 of Act No. 38 of 2001]
(d) to prescribe from time to time the maximum allowable costs for legal services provided in connection with an application for a preservation of property order or forfeiture order or the defending of a criminal charge which may be met out of property that is subject to a preservation of property order;
(e) providing for any matter which is required or permitted to be or may be prescribed under any provision of this Act; and
(f) providing for any matter which he or she may consider necessary or expedient to prescribe or to regulate in order to achieve the objects of this Act.

 

(2) Regulations under subsection (1)(a) may prescribe costs by applying, adopting or incorporating, with or without modification, the provisions of any act or any instrument made under an act or of any other publication, whether of the same or a different kind, as in force on a particular day or as in force for the time being.

 

(3) Any regulation made under this section, which may result in financial expenditure for the state shall be made in consultation with the Minister of Finance.

 

(4) Any regulation made under this section may provide that any person who contravenes a provisions thereof or fails to comply therewith, shall be guilty of an offence and on conviction be liable to a fine or to imprisonment for a period not exceeding three years.

 

(5) Any regulation made under this section shall, before publication thereof in the Gazette, be submitted to Parliament.