| (a) |
by means of a false or misleading statement, whether verbally or in writing, procures for himself or any other person registration in terms of this Act, or any certificate, receipt, approval or other document issued under this Act; |
| (b) |
makes any unauthorized entry or addition or alteration in or removal from a register which is kept in terms of this Act, or an extract therefrom, or any certificate, receipt, approval or other document issued under this Act; |
| (c) |
wilfully destroys or damages or renders illegible any entry in a register kept in terms of this Act or, without the permission of the holder thereof, a certificate, receipt, approval or other document issued under this Act; |
| (d) |
forges or, knowing it to be forged, utters any document purporting to be a certificate, receipt, approval or other document issued in terms of this Act; |
| (e) |
impersonates any person registered or deemed to be registered in terms of this Act; |
| (g) |
having appeared as a witness at an inquiry in terms of section 32, refuses or fails without lawful cause to be sworn or to make an affirmation or to answer any question or to produce any book, document or record which he or she may lawfully be required to answer or to produce; |
| (h) |
having been duly summoned to appear at an inquiry in terms of section 32, refuses or fails without lawful cause so to appear; |
| (j) |
refuses or fails without lawful cause to make any statement or give any explanation which may lawfully be demanded from him or her in the application of this Act, or makes or gives a false statement or explanation knowing it to be false; |
| (k) |
obstructs or hinders a member of the council or of the executive committee or of any other committee of the council or the registrar, in the exercise of his or her powers or the performance of his or her functions under this Act; |
| (l) |
fails or refuses to furnish particulars to the council in terms of section 20(2)(a); |
| (m) |
prevents a person designated in terms of section 20(2)(b) from entering the premises of a university or other educational institution, or fails or refuses to afford the reasonable assistance required there by such person; |
| (n) |
is a student without having been registered in terms of this Act; |
| (o) |
refuses or fails to comply with any condition determined by the council under section 25(3); |
| (p) |
refuses or fails to comply with any condition referred to in section 25(7)(b); |
| (r) |
supplies or offers to supply to any person who is not registered or deemed to be registered in terms of this Act, any instrument or appliance which can primarily be used for services which in terms of the rules are deemed to pertain specially to a veterinary profession or a para-veterinary profession, knowing that the instrument or appliance concerned will be used by such unregistered person for the rendering for gain of services of a kind of which he or she is in terms of this Act prohibited to perform for gain; |
[Section 41(1)(r) substituted by section 12(a) of Act No. 16 of 2012]
| (s) |
fails to give or refuses access to an officer or investigation officer or a person assisting an officer or investigation officer or any person appointed by virtue of section 29A or 31A to conduct any inspection in terms of this Act, if that officer, investigation officer or person requests entrance to any veterinary facility or premises, or obstructs or hinders such officer, investigation officer or person in the execution of his or her duties under this act, or fails or refuses to give information that he or she may lawfully be required to give such officer or person false or misleading information knowing it to be false or misleading; |
[Section 41(1)(s) inserted by section 12(b) of Act No. 16 of 2012]
| (t) |
impersonates the registrar or an officer, an investigation officer or person appointed in terms of this Act; or |
[Section 41(1)(t) inserted by section 12(b) of Act No. 16 of 2012]
[Section 41(1)(u) inserted by section 12(b) of Act No. 16 of 2012]
shall be guilty of an offence and—
| (i) |
on a first conviction of a contravention referred to in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (s), (t) or (u) be liable to a fine or to imprisonment for a period not exceeding one year, or to both a fine and such imprisonment; |
[Section 41(1)(i) substituted by section 12(c) of Act No. 16 of 2012]
| (ii) |
on a second or subsequent conviction of any contravention referred to in paragraph (i), whether the same or any other contravention referred to in that paragraph, be liable to a fine or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment; |
[Section 41(1)(ii) substituted by section 12 of Act No. 10 of 2002]
| (iii) |
on a first conviction of an offence referred to in paragraph (1), (m), (n), (o), (p), (q) or (r), be liable to a fine or to imprisonment for a period not exceeding three months, or to both a fine and such imprisonment; |
[Section 41(1)(iii) substituted by section 12 of Act No. 10 of 2002]
| (iv) |
on a second or subsequent conviction of any contravention referred to in paragraph (iii), whether the same or any other contravention referred to in that paragraph, be liable to a fine or to imprisonment for a period not exceeding one year, or to both a fine and such imprisonment. |
[Section 41(1)(iv) substituted by section 12 of Act No. 10 of 2002]
| (2) |
Any fine paid or recovered in respect of an offence under this Act shall be paid over to the council. |
| (3) |
A magistrate's court shall have jurisdiction to impose any penalty provided for by this section. |
South African Institute for Drug Free Sport Act, 1997
