(1) Any person who—
| (a) |
fails to comply with a direction referred to in section 11(1) or (3), or fails to remain in attendance after appearing in terms of section 11(1) or refuses to be sworn or to affirm as a witness or to be interrogated by the council in terms of section 11(3), or any person in terms of section 16(3)(d), or to answer questions during such interrogation; |
| (b) |
contravenes or fails to comply with section 12 or a term or condition referred to in section 12 or a condition referred to in section 19; |
| (d) |
refuses or fails to fulfil the duties referred to in section 24; |
| (e) |
falsifies, counterfeits, alters, defaces or mutilates, or adds anything to, a licence, operating certificate or other document issued under this Act, or is in possession of a licence, operating certificate or other document which has been thus falsified, counterfeited, altered, defaced or mutilated, or to which an addition has been made; |
| (f) |
uses a licence, operating certificate or other document issued under this Act of which he, she or it is not the holder; |
[Section 26(1)(f) substituted by section 13(a) of Act No. 83 of 1995]
| (fA) |
permits a licence, operating certificate or other document issued under this Act of which he, she or it is the holder, to be used by any other person; |
[Section 26(1)(fA) substituted by section 13(b) of Act No. 83 of 1995]
| (g) |
for the purposes of any application or representations in terms of this Act or during interrogation in terms of section 11(3) or 16(3)(d), furnishes information or particulars which to his or her knowledge are false or misleading in any material respect; |
[Section 26(1)(g) substituted by section 5(a) of Act No. 21 of 2008]
| (h) |
uses an aircraft which is being used in operating an air service in contravention of the terms of an exemption granted to him, her or it under section 12(2), |
[Section 26(1)(h) inserted by section 13(c) of Act No. 83 of 1995]
shall be guilty of an offence.
| (2) |
Any person who is convicted of an offence in terms of subsection (1) shall— |
| (a) |
in the case of an offence referred to in subsection (1)(a), (c) or (d), be liable to a fine or to imprisonment for a period not exceeding one year; or |
| (b) |
in the case of an offence referred to in subsection (1)(b), (e), (f), (fA), (g) or (h), be liable to a fine or to imprisonment for a period not exceeding five years. |
[Section 26(2) substituted by section 13(d) of Act No. 83 of 1995]