| (1) |
On receipt of a notice mentioned in section 2(2), the owner of the National Key Point concerned shall after consultation with the Minister at his own expense take steps to the satisfaction of the Minister in respect of the security of the said Key Point. |
| (2) |
If the said owner fails to take the said steps, the Minister may by written notice order him to take, within a period specified in the notice and at his own expense, such steps in respect of the security of the said Key Point as may be specified in the notice. |
| (a) |
If the said owner without reasonable cause refused or fails to take the steps specified in the said notice within the period specified therein, he shall be guilty of an offence and be liable on conviction to a fine not exceeding R20 000 or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment. |
| (b) |
If the said owner refuses or fails to take the steps specified in the said notice within the period specified therein, the Minister may take or cause to be taken the said steps irrespective of whether the refusal or failure took place with or without reasonable cause and irrespective of whether the owner was charged or convicted in connection with that refusal or failure, and the Minister may recover the cost thereof from that owner to such extent as the Minister may determine. |
| (a) |
The Minister may after consultation with the owner of Key Points included in a Key Points Complex order them by written notice to take, within a period specified in the notice and at their expense, such joint steps in respect of the security of that Key Points Complex as may be specified in the notice, and to determine within a period specified in the notice on the proportion in which each shall be responsible for the cost thereof. |
| (b) |
If the owners are unable to determine within the period specified the said proportion, the Minister may determine that proportion. |
| (5) |
If an owner referred to in subsection (4) without reasonable cause refuses or fails to take the step for which he is responsible within the period specified in the notice, or delays, frustrates or renders them impossible, irrespective of whether another owner with or without reasonable cause refuses or fails to take the steps for which he is responsible within the period concerned, or delays, frustrates or renders them impossible— |
| (a) |
the first-mentioned owner shall be guilty of an offence and liable on conviction to a fine not exceeding R20 000 or to imprisonment for a period not exceeding five years or to both such fine an such imprisonment; |
| (b) |
the Minister may take or cause to be taken those steps, as well as the steps which any other owner was unable to take as a result of the first-mentioned owner's refusal or failure to take the said steps, irrespective of whether the owner has been charged or convicted in connection with that refusal or failure, and the Minister may recover the cost of those steps from all the owners on whose behalf they were taken in the proportion in which they were responsible for the cost or to such extent as he may determine. |
| (6) |
The Minister may at any time amend any period or steps in terms of a notice under this section, and the owner or owners concerned shall forth with be notified thereof by written notice. |
[Section 3 substituted by section 3 of Act No. 47 of 1985]
Implementation of Geneva Conventions Act, 2012
