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Private Security Industry Regulation Act, 2001 (Act No. 56 of 2001)

Chapter 6 : General Provisions

38. Offences and penalties

 

(1) Any person who—
(a) falsely represents himself or herself to be an inspector; or
(b) interferes with, resists, obstructs, hinders or delays an inspector, other person lawfully accompanying an inspector or a member of the Service in the performance of any function in terms of this Act or the Levies Act;
(c) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.

 

(2) Any security service provider or other person referred to in section 33, who—
(a) refuses or fails to comply with any request of an inspector or member of the Service in terms of section 34;
(b) without lawful excuse refuses or fails to answer a question put to him or her by an inspector or a member of the Service; or
(c) makes any statement to an inspector or a member of the Service which is materially false or produces any document to an inspector or member of the Service which is false in any material respect,
(d) is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.

 

(3) Any person who—
(a) contravenes or fails to comply with section 20(1) or section 26(3);
(b) contravenes or fails to comply with section 26(6) or 37;
(c) in any application, inquiry, improper conduct proceedings, appeal or other proceedings in terms of this Act or the Levies Act, wilfully furnishes information or makes a statement which is false in any material respect;
(d) fails to keep a prescribed record or document or fails to keep a prescribed record or document at premises as required in terms of this Act or the Levies Act;
(e) advertises security services to be rendered by a person who is not registered in terms of this Act or whose registration is suspended in terms of this Act or the Levies Act;
(f) holds himself or herself out as a registered security service provider whilst he or she is not registered or such registration is suspended;
(g) knowingly or without the exercise of reasonable care contracts for the rendering of security services contrary to a provision of this Act or the Levies Act;
(h) in any manner threatens, or commits an act which is calculated to obstruct or unduly influence a councillor or a staff member of the Authority in the performance of his or her functions in terms of this Act or the Levies Act; or
(i) commits an act which is calculated to hinder, impede or obstruct any investigation in terms of this Act or the Levies Act;

is guilty of an offence and—

(i) on a first conviction of a contravention referred to in paragraph (a), is liable to a fine or to imprisonment for a period not exceeding five years, or to both a fine and such imprisonment;
(ii) on a second or subsequent conviction of a contravention referred to in paragraph (a), is liable to a fine or to imprisonment for a period not exceeding ten years, or to both a fine and such imprisonment;
(iii) on a conviction of a contravention referred to in paragraph (a), (c), (d), (e), (f) , (g), (h), or (i), is liable to a fine or to imprisonment for a period not exceeding 24 months, or to both a fine and such imprisonment.

 

(4) Any person who contravenes or fails to comply with any other provision of this Act or any provision of the Levies Act, is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding 24 months, or to both a fine and such imprisonment.