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Standards Act, 2008 (Act No. 8 of 2008)

Part 5 : General Provisions

32. Offences and penalties

 

(1) Any person who falsely represents any material or substance to be reference material supplied by the SABS is guilty of an offence.

 

(2) Any person who is convicted of an offence in terms of this Act is liable to a fine or to imprisonment for a period not exceeding two 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 subsection (4), order that a commodity, a consignment or batch of a commodity or product, any other article or any material or substance in respect of which that offence was committed, be 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 of such amount, imprisonment for a period not exceeding one year.

 

(4) The Minister must, subject to subsection (3)(b), generally or in a particular case, determine the manner in which the forfeited goods referred to in subsection (3)(a) may be dealt with.

 

(5) Section 35(4) of the Criminal Procedure Act, 1977 (Act No. 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 contained in any other law, a magistrate's court shall be competent to impose any penalty provided for in this Act.