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Allied Health Professions Act, 1982 (Act No. 63 of 1982)

Chapter 3 : Disciplinary Powers of the Council

25. Postponement of imposition, and suspension of execution, of penalty or part thereof

 

(1) Where the council finds any practitioner guilty of conduct referred to in section 24(1) or imposes a penalty in terms of section 23(5)(b), it may—
(a) postpone the imposition of a penalty for such period and on such conditions as it may determine; or
(b) impose any penalty referred to in section 24(1)(b), (c) or (d), but order the execution of the penalty (or any part thereof in the case of a penalty referred to in section 24(1)(b)) to be suspended for such period and on such conditions as it may determine.

 

(2)
(a) If at the end of the period for which the imposition of a penalty has been postponed in terms of subsection (1) (a), the council is satisfied that the practitioner concerned has observed all the relevant conditions, the council shall inform him that no penalty will be imposed upon him.
(b) If the execution of a penalty or any part thereof has been suspended in terms of subsection (1) (b) and the council is satisfied that the practitioner concerned has observed all the relevant conditions throughout the period of suspension, the council shall inform him that the penalty will not be executed.
(c) If the execution of a penalty or any part thereof has been suspended in terms of subsection (1) (b) and the practitioner concerned fails to observe any one of the conditions of suspension, the council shall execute the penalty unless that practitioner satisfies the council that the non-observance of the condition concerned was due to circumstances beyond his control.

 

[Section 25 substituted by section 16 of Act No. 63 of 1993]

 

 


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