Acts Online
GT Shield

International Trade Administration Act, 2002 (Act No. 71 of 2002)

Chapter 5 : Enforcement and offences

55. Penalties

 

(1) Any person convicted of an offence in terms of this Act, is liable—
(a) in the case of a contravention of section 54(1), to a fine not exceeding R500 000,00 or to imprisonment for a period not exceeding ten years, or to both such fine and imprisonment;
(b) in case of a contravention of section 50, 53, 54(2)(c) or 54(2)(d), to a fine not exceeding R250 000,00 or to imprisonment for a period not exceeding five years, or to both such fine and imprisonment; or
(c) in any other case, to a fine not exceeding R20 000,00 or to imprisonment for a period not exceeding six months, or to both such fine and imprisonment.

 

(2) A court convicting a person of importing or exporting, or attempting to import or export, goods in contravention of a notice issued in terms of section 6, or failing to comply with a condition of a permit issued in terms of section 27, may declare the goods in question, or the right of that person to those goods, forfeited to the State.

 

(3) A declaration in terms of subsection (2) does not affect the rights to the goods in question of any person other than the convicted person, unless it is proved that the other person should reasonably have known that the goods were being dealt with in contravention of the notice or condition in question.

 

(4) Section 35 of the Criminal Procedure Act, 1977 (Act 51 of 1977), read with the changes required by the context, applies to a forfeiture under subsection (2).