| (a) |
knowingly makes a false statement or misrepresentation or conceals any fact of material importance with intent to obtain for himself or herself or herself, or assist any other person to obtain, a certificate of fitness or any other document or advantage under this Act; |
| (b) |
forges, or alters with intent to deceive, any certificate of fitness or any other document for which provision was made in the previous Act or is made in this Act, or which was issued under the previous Act or this Act; or |
| (c) |
in exchange for services rendered in respect of assistance in claiming any benefit in terms of this Act, charges a fee or claims remuneration from a person who is claiming such benefit in terms of this Act which is in excess of 0,5% of the benefit awarded to such person or any amount stipulated by the Director-General, |
shall be guilty of an offence and liable on conviction to any penalty which may in law be imposed on a conviction of fraud.
[Section 124(1) substituted by section 3 of the Occupational Diseases in Mines and Works Amendment Act, No. 60 of 2002]
| (2) |
Any person who in any sworn declaration under subsection (2) of section 6 or under that subsection as applied by section 19(2), 42(1) or 55(1), or in answering any question under oath or affirmation administered under subsection (3) of section 6 or under the last-mentioned subsection as so applied, makes a statement which he or she knows to be false, shall be guilty of an offence and liable on conviction to any penalty which may in law be imposed on a conviction of perjury. |
| (a) |
hinders or obstructs any other person in the exercise by such other person of a power conferred upon him or her by or under a provision of section 5 or 6 or by or under such provision as applied by section 19(2), 42(1) or 55(1); or |
| (b) |
is in control of any place, or has in his possession or is in control of any book, document, appliance, instrument, machine or X-ray photograph contemplated in any provision of section 5 or 6, and who refuses or fails to afford any other person all reasonable facilities required by such other person in order to enable him or her to exercise with reference to such place, book, document, appliance, instrument, machine or X-ray photograph any power conferred upon him or her by or under the provision in question or by or under that provision applied as aforesaid; or |
| (c) |
without reasonable excuse, fails to comply with any direction under subsection (1) or (3) of section 6 or under the relevant subsection applied as aforesaid, or under section 42(3); or |
| (d) |
when appearing in compliance with a direction referred to in paragraph (c), refuses to answer to the best of his knowledge and belief any lawful question put to him, or refuses to be sworn or to affirm when required by a competent person to do so; or |
| (e) |
in reply to a direction under subsection (1) of section 6 or under that subsection applied as aforesaid, furnishes (otherwise than in a sworn declaration) any information which is false, knowing it to be false; or |
[Section 124(3)(f) amended by section 43 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (g) |
without reasonable excuse fails to comply with the requirements of a notice addressed to him or her under section 26(1), 29(3) or 30(4); or |
| (h) |
after having received a notice referred to in paragraph (g), performs risk work at a controlled mine or a controlled works without being in possession of a certificate of fitness thereafter issued to him or her under this Act, |
shall be guilty of an offence and, subject, in the case of an offence contemplated in paragraph (f), to the provisions of section 126(1)(a), liable on conviction to a fine not exceeding two hundred rand.
Contingency Fees Act, 1997
