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(1) |
Any person who—
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(a)
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without a valid licence performs any
activity referred to in section 11(1);
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(b)
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fails to comply with any condition of a
licence; or
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(c)
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fails to furnish the Council with any
relevant information concerning licensing, or withholds or misrepresents such
information or gives false information,
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shall be guilty of an offence, and liable on
conviction to a fine not exceeding R1 000 000, or to imprisonment for a period
not exceeding ten years or to both such fine and such imprisonment.
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(2) |
Any person who—
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(a)
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after being subpoenaed to appear at
proceedings in terms of section 9, without lawful excuse fails so to appear;
or
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(b)
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after appearing as a witness at proceedings
in terms of section 9, without lawful excuse refuses to be sworn or to make
an affirmation or to produce any book, document, data or thing which he has
been required to produce or to answer any question lawfully put to him,
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shall be guilty of an offence, and liable on
conviction to a fine, or to imprisonment for a period not exceeding two years.
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(3) |
Any person who hinders or obstructs the
carrying out of an inspection or investigation by any person authorized thereto
by or under this Act, shall be guilty of an offence, and liable on conviction
to a fine, or to imprisonment for a period not exceeding one year.
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(4) |
Any person contravening or failing to
comply with any other provision of this Act shall be guilty of an offence and
liable on conviction to a fine, or to imprisonment for a period not exceeding
five years.
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(5) |
Any person convicted of an offence in
terms of this Act and who after such conviction persists in the act or omission
which constituted such offence shall be guilty of a continuing offence, and
liable on conviction to a fine not exceeding R5 000 or to imprisonment for a
period not exceeding 30 days or to both such fine and such imprisonment in
respect of every day on which he so persists with such act or omission.
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(6) |
In the event of a conviction in terms of
this Act the court may order that any damage resulting from the offence be
repaired by the person so convicted, to the satisfaction of the Minister.
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(7) |
If within such period as the court may
determine at the time of the conviction, an order in terms of subsection (6) is
not being complied with, the Minister may himself take the necessary steps to
repair the damage and recover the cost from the person so convicted.
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(8) |
Notwithstanding anything to the contrary
in any law contained a magistrate's court shall be competent to impose any
penalty provided for in this Act.
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