| (a) |
contravenes or fails to comply with a provision of section 4(1), 5(3)(a), 6 (3)(a), 6A(3)(a), 6B(3)(a), 6C(3)(a), 7(3)(a), 8(3)(a), 9(3)(a), 11(1), (2) or (3), 12(1), 16(1)(a), 17(1)(a) or 21(1) or (2); |
| (b) |
contravenes or fails to comply with a provision of section 5(3)(b), 6(3)(b), 6A(3)(b), 6B(3)(b), 6C(3)(b), 7(3)(b), 8(3)(b), 9(3)(b) or 20(4); |
| (c) |
contravenes or fails to comply with a condition, restriction, prohibition, reservation or direction imposed under section 11(4) or (5)(b), 13A(1), 16(4) or (5), 17(4) or 28(3)(a); |
| (d) |
after his application for participation in a scheme has been approved, refuses or fails to comply with the provisions of that scheme or a condition determined in terms thereof; |
| (e) |
obstructs or hinders a person referred to in section 18(1) in the exercise of his powers or the carrying out of his duties under this Act or a scheme; |
| (f) |
refuses or fails to render the reasonable assistance that a person referred to in section 18(1) demands from him in terms of section 18(2)(b) in the exercising of his powers or the carrying out of his duties under this Act or a scheme; |
| (g) |
refuses or fails without sufficient cause to furnish information or give an explanation or to answer to the best of his or her ability to a question lawfully demanded from or put to him or her by a person referred to in section 18(1) in the exercising of his or her powers or the carrying out of his or her duties under this Act or a scheme, or furnishes information, an explanation or an answer to such person which is false or misleading, knowing that it is false or misleading; |
| (h) |
tampers with a sample taken in terms of section 18(2)(e), or the identification or seal of such sample; |
| (i) |
sells, removes or tampers with a liquor product, material, substance or other article, or a book or document seized in terms of section 19, or tampers with an identification mark or other seal attached thereto in terms of that section; |
| (j) |
falsely holds himself out to be an analyst; |
| (k) |
effects any unauthorized alteration, deletion or entry on any certificate which has been issued in terms of this Act, |
shall be guilty of an offence.
[Section 23(1)(a), (b), (c) and (g) substituted by section 13(a) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
| (2) |
Any person who is convicted of an offence under this Act shall— |
| (a) |
on a first conviction of an offence referred to in paragraph (a), (c), (d), (e), (f) or (g) of subsection (1), be liable to a fine not exceeding R8 000 or to imprisonment for a period not exceeding two years or to both that fine and that imprisonment; |
| (b) |
on a second or subsequent conviction of an offence mentioned in paragraph (a), whether it be the same offence or some other offence mentioned in that paragraph, be liable to a fine not exceeding R16 000 or to imprisonment for a period not exceeding four years or to both that fine and that imprisonment; |
| (c) |
on a first conviction of an offence referred to in paragraph (b), (h), (i), (j) or (k) or subsection (1), be liable to a fine not exceeding R2 000 or to imprisonment for a period not exceeding six months or to both that fine and that imprisonment; and |
| (d) |
on a second or subsequent conviction of an offence mentioned in paragraph (c), whether it be the same offence or some other offence mentioned in that paragraph, be liable to a fine not exceeding R4 000 or to imprisonment for a period not exceeding one year or to both that fine and that imprisonment. |
Stamp Duties Act, 1968 (Act 77 of 1968)
