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Agricultural Pests Act, 1983 (Act No. 36 of 1983)

13. Offences and penalties

 

(1) Any person who—
(a) contravenes or refuses or fails to comply with the provisions of section 3 (1) or (2), including any condition imposed in connection with a permit, or any condition in a notice referred to in section 3 (4) ;

[Section 13(1)(a) substituted by section 10(a) of Act No. 18 of 1989]

(aA) if found in possession of controlled goods in respect of which there is a reasonable suspicion that such goods were imported without a permit referred to in section 3(1), or contrary to a condition of such a permit or a condition set out in a notice issued under section 3(4), and who is not able to give a satisfactory account of such possession;

[Section 13(1)(aA) inserted by section 10(b) of Act No. 18 of 1989]

(b) refuses or neglects to notify the person referred to in section 5 (1) as required or to give him the requested further information;
(c) refuses or neglects to comply with or carry out the provisions of a control measure, order or authority, including any condition imposed in connection therewith;
(d) obstructs or hinders an executive officer, an officer or an authorized person in the exercise of his powers or the performance of his duties;

[Section 13(1)(d) substituted by section 11 of Act No. 9 of 1992]

(e) effects any unauthorized entry or deletion on any document issued or required under this Act;
(f) refuses or neglects to supply information, produce a document or give an explanation to any person who is in terms of this Act authorized to ask therefor, or who supplies information or gives an explanation knowing it to be false;
(g) or neglects to render the assistance contemplated in section 9 (2) (b) or (5);
(h) damages, destroys, removes, shifts, alters or otherwise tampers with any marker, peg, label or other mark effected or erected for the purpose of demarcating a quarantine area;
(i) discloses information contrary to the provisions of section 12;
(j) contravenes any other provision of this Act not specifically provided for in the preceding paragraphs—

shall be guilty of an offence and liable—

(i) on a first conviction of an offence in terms of paragraph (a) or (aA), to a fine not exceeding R20 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment;

[Section 13(1)(j)(i) substituted by section 1(a) of Act 17 of 1985 and by section 10(c) of Act No. 18 of 1989]

(ii) on a first conviction of an offence in terms of paragraph (b), (c), (d) or (e), to a fine not exceeding R4 000 or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment;

[Section 13(1)(j)(ii) substituted by section 10(c) of Act No. 18 of 1989]

(iii) on a second or subsequent conviction of an offence mentioned in subparagraph (i), whether the same or some other offence mentioned in that subparagraph, in the case of a natural person, to imprisonment for a period not exceeding ten years, and in the case of a juristic person, to a fine not exceeding R50 000;

[Section 13(1)(j)(ii) substituted by section 10(c) of Act No. 18 of 1989]

(iv) on a second or subsequent conviction of an offence mentioned in subparagraph (ii) , whether the same or some other offence mentioned in that subparagraph, to a fine not exceeding R8 000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment;

[Section 13(1)(j)(iv) inserted by section 10(c) of Act No. 18 of 1989]

(v) on conviction of an offence in terms of paragraph (1), (g), (h), (i) or (j), to a fine not exceeding R2 000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[Section 13(1)(j)(v) inserted by section 10 (c) of Act No. 18 of 1989]

 

(2) A magistrate's court shall be competent to impose any punishment provided for in this section.