Animal Health Act, 2002 (Act No. 7 of 2002)

29. Offences and penalties
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(1)Any person who—
(a)contravenes or fails to comply with any provision of sections 7, 8(1), 9(1), (4) and (3), 10(1) and (3), 12, 13(4) or 25;
(b)removes any animal or thing that has been isolated or is being detained under or pursuant to any provision of this Act, without the written authority of the national executive officer or contrary to any condition of such authority, from such isolation or detention;
(c)obstructs or hinders the national executive officer, provincial executive officer, an authorised person, assignee or any other person in the exercise of any power or the performance of any duty under this Act;
(d)refuses or fails to comply with any prohibition, restriction or obligation, or any condition relating thereto, contained in a prescribed measure that applies to such person or any animal or thing belonging to or in the control of such person;
(e)refuses or fails to comply with any directive issued in terms of section 14 (1);
(f)refuses or fails to comply with a condition or requirement subject to which a permit, certificate, authority, consent or other proof of assent or approval has been issued under this Act;
(g)while being a participant in a scheme, contravenes any provision of that scheme or fails to comply therewith;
(h)refuses or fails to stop any conveyance, or to permit the national executive officer, provincial executive officer, authorised person or assignee to take it under his or her control, as contemplated in section 19(1), whenever such person is for that purpose directed or requested by the national executive officer, provincial executive officer, authorised person or assignee;
(i)refuses or fails to render reasonable assistance whenever it is demanded from him or her in terms of section 19(2)(b);
(j)refuses or fails to provide information or give an explanation or an answer to a question lawfully required in terms of section 19(2)(o) and (p), or furnishes information, an explanation or an answer that is false or misleading, knowing that it is false or misleading;
(k)damages, destroys or otherwise tampers with any sample taken under this Act, or any object so seized;
(l)damages, removes or otherwise tampers with any conveyance, appliance, instrument, tool, equipment, remedy or any other object belonging to or under the supervision or custody of the national executive officer, provincial executive officer, assignee, an authorised person or any other person who is exercising or performing or is required to exercise or perform any power or duty in terms of this Act, with or in connection with any such object or, in the case of any such animal, injures it, or removes it without the consent of any such person, or otherwise interferes with it;
(m)alters in any manner or forges in any manner any permit, certificate, consent or other proof of assent or approval that is issued or rendered under this Act, or obtains such document or any other decision that is required or permitted to be given, from the national executive officer, provincial executive officer, assignee, or authorised person under false pretences:
(n)with the intent to evade any provision of this Act, uses a document that has been altered or forged as contemplated in paragraph (m);
(o)damages, destroys, moves, removes, erases, alters or otherwise tampers with any beacon, mark or seal that has, under any provision of this Act, been installed or affixed on, or in connection with, any land, animal or thing or any other thing;
(p)performs any act for which a permit, consent or authority or other document is required under this Act, without such permit, consent, authority or document having been issued, granted or given in respect thereof to him or her, such performance not being penalised by any other provision of this subsection;
(q)obtains, or aids and abets any other person to obtain, by means of false representations, any compensation under this Act;
(r)contravenes any provision of a prescribed measure, or fails to comply therewith;
(s)refuses or fails to receive any directive or other document served on him or her in terms of this Act;
(t)as a successor in title to an owner of any animal or thing, or land to which the provisions of this Act applies, fails to comply with any instruction, directive or provision that is applicable to that animal or thing, or land;
(u)contravenes or fails to comply with any provision of this Act, such contravention or failure not being penalised by any other provision of this subsection,

is guilty of an offence.

 

(2)Any person found guilty of an offence under this Act is—
(a)in the case of a first conviction, liable to a fine or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment;
(b)in the case of a second or subsequent conviction, whether the same or any other offence referred to in subsection (1), liable to a fine or to imprisonment for a period not exceeding four years, or to both such fine and such imprisonment.

 

(3)An offence relating to the contravening of section 9(6) is, for purposes of jurisdiction of a court, deemed to have been committed in any place where the accused happens to be.

 

(4)Despite anything contained in any other law, a magistrate’s court is competent to impose any penalty provided for in this section.

 

(5)On any conviction for an offence under this Act, a conviction for an offence under any Act repealed by section 32(1) of this Act, or of any law made thereunder, is deemed to be a previous conviction under this Act.