Protection of Businesses Act, 1978
R 385
Second-Hand Goods Act, 2009 (Act No. 6 of 2009)Chapter 9 : General Provisions32. Offences and penalties |
| 1) | A person who— |
| a) | fails to comply with section 2(1); |
| b) | fails to apply for registration of all premises in terms of section 3(2); |
| c) | furnishes false information in support of an application in terms of section 4; |
| d) | furnishes false information in support of an application in terms of section 5; |
| e) | contravenes or fails to comply with the prescribed certificate or the conditions specified on such prescribed certificate by— |
| i) | dealing in classes of goods other than those specified on the certificate of registration; |
| ii) | conducting business from premises other than those specified on the certificate of registration; or |
| iii) | conducting business in a manner other than specified on the certificate of registration; |
| f) | contravenes or fails to comply with section 8(1) or (4); |
| g) | contravenes or fails to comply with section 10(2) or (6); |
| h) | fails to renew registration in terms of section 11(1) and who continues to conduct the business of a dealer; |
| i) | fails to surrender or transfers a certificate other than in the manner prescribed in section 12; |
| j) | contravenes or fails to comply with section 15; |
| k) | contravenes or fails to comply with section 21(1), (3), (4), (5), (6), or (7); |
| l) | contravenes or fails to comply with section 22(1) or (3); |
| m) | contravenes or fails to comply with section 23; |
| n) | contravenes or fails to comply with section 24(1), (3), (4) or (5); |
| o) | contravenes or fails to comply with section 25(1), (4) or (5); |
| p) | contravenes or fails to comply with section 26(1), (3), (4) or (5); |
| q) | as a dealer contravenes or fails to comply with section 28; |
| r) | contravenes or fails to comply with section 37; or |
| s) | contravenes or fails to comply with section 43(1), (2) or (3), |
is guilty of an offence.
| 2) | Any person convicted of a contravention of or a failure to comply with any section mentioned in Column 1 of Schedule 3, may be sentenced to a fine or to imprisonment for a period not exceeding the period mentioned in Column 2 of that Schedule opposite the number of that section, or to both a fine and such imprisonment. |
| 3) | A court may in addition to any other penalty imposed upon conviction of a person of any of the offences under this Act— |
| a) | in the event of a continuing contravention, impose a further fine or imprisonment for a period of 30 days or both a fine and such imprisonment for each day on which such contravention continued; |
| b) | suspend or cancel any exemption granted in terms of this Act; |
| c) | suspend or cancel any registration; and |
| d) | order that the second-hand goods that formed the subject of the charge against that person, be forfeited to the State. |
