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Amendment of section 17H of Act 13 of 2000, as inserted by section 19 of Act 3 of
2006
26. Section 17H of the principal Act is hereby amended—
(a) by the substitution in subsection (1) for paragraph (c) of the following
paragraph:
‘‘(c) makes a false statement before the Authority, including before the
Complaints and Compliance Committee, on any matter, knowing
such statement to be false;’’;
(b) by the substitution for subsection (2) of the following subsection:
‘‘(2) A person convicted of an offence in terms of subsection (1) is
liable, in the case of a contravention of—
(a) subsection (1)(a), (b) [and] or (c), to a fine not exceeding
[R250 000] R5 000 000;
(b) subsection (1)(d), to a fine not exceeding [R50 000] R1 000 000 or
to imprisonment not exceeding [three] two years;
(c) subsection (1)(e) [and] or (f), to a fine not exceeding R1 000 000 or
to imprisonment not exceeding [five years] one year; and
(d) subsection (1)(g), to a fine not exceeding [R15 000] R500 000.’’;
(c) by the substitution in subsection (3) for paragraphs (i), (ii), (iii) and (iv) of the
following paragraphs, respectively:
‘‘(i) in the case of an offence contemplated in paragraph (a) to a
maximum fine of [R250 000] R5 000 000;
(ii) in the case of an offence contemplated in paragraph (b) to a fine not
exceeding the greater of [R1 000 000] R5 000 000 or 10% of the
person or licensee’s annual turnover for [everyday] every day or
part thereof during which the offence continued;
(iii) in the case of an offence contemplated in paragraph (c), (d) [, and]
or (e) [of this subsection], to a fine not exceeding [R100 000]
R5 000 000; and
(iv) in the case of an offence contemplated in paragraph (f), (g) [, and]
or (h) [of this subsection], to a maximum fine of [R250 000]
R1 000 000.’’; and
(d) by the substitution for subsection (4) of the following subsection:
‘‘(4) The Authority may permit inspectors to dispose, in such manner
as the Authority deems fit, of equipment that has been confiscated but
that cannot be type-approved.’’.
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Repeal of Chapter IV of Act 13 of 2000
27. Chapter IV of the principal Act is hereby repealed.
Insertion of section 23A in Act 13 of 2000
28. The following section is hereby inserted in the principal Act after section 23:
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‘‘Liability
23A. (1) The State Liability Act, 1957 (Act No. 20 of 1957), read with
the changes required by the context, applies to the Authority, but a reference
in that Act to ‘the Minister of the Department concerned’ must be construed
as a reference to the chairperson of the Council.
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(2) A councillor, the chief executive officer or any member of staff or
advisor or contractor of the Authority is not liable for the contents of any
report, finding, point of view or recommendation that is given in good faith
and that is submitted to Parliament, published or made available in terms of
the Constitution or this Act.’’.
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