| 1) |
A person who contravenes this Act commits an offence and is liable upon conviction to a fine or to imprisonment for a period not exceeding two years. |
| 2) |
Without affecting the jurisdiction of any court existing apart from this subsection, a court has jurisdiction over an offence in terms of this Act if- |
| a) |
the offence was committed in the territorial jurisdiction of that court; or |
| b) |
the accused is found or carries on business in the territorial jurisdiction of that court. |
| a) |
admits to the Authority that he or she has contravened this Act; |
| b) |
agrees to abide by the decision of the Authority; and |
| c) |
deposits with the Authority such amount of money as may be determined by the Authority, which amount must not exceed the maximum fine that may be imposed under subsection (1), |
the Authority may, after any inquiry that it deems fit, determine the matter summarily and may, without legal proceedings, order the whole or any pan of the deposit to be forfeited by way of a penalty.
| 4) |
A person may appeal to the Minister against a determination or order of the Authority. |
| 5) |
An appeal must be lodged within 90 days from the date of the determination or order. |
| 6) |
The imposition of a penalty under subsection (3) must not be regarded as a conviction for an offence, and no prosecution in respect of the offence in question may thereafter be instituted. |
| 7) |
All fines and other money penalties imposed under this Act must be paid to the Authority for the benefit of the Maritime Fund established by section 38 of the South African Maritime Safety Authority Act, 1998 (Act No.5 of 1998). |
Contingency Fees Act, 1997
