Firearms Control Act, 2000 (Act No. 60 of 2000)Chapter 16 : Offences, penalties and administrative fines122. Administrative fines |
| (1) | If a person is alleged to have committed an offence contemplated in section 120 for which that person may be sentenced to a fine or imprisonment for a period not exceeding five years in terms of section 121, the Registrar may cause to be delivered by hand to that person (hereinafter referred to as the infringer) an infringement notice which must contain the particulars contemplated in subsection (2). |
| (2) | A notice referred to in subsection (1) must— |
| (a) | specify the name and address of the infringer; |
| (b) | specify the particulars of the alleged offence; |
| (c) | specify the amount of the administrative fine payable, which— |
| (i) | if the period contemplated in subsection (1) does not exceed two years, may, in respect of a first infringement, not exceed R5 000 and, in respect of a second or subsequent infringement, not exceed R10 000; |
| (ii) | if the period contemplated in subsection (1) does not exceed three years, may, in respect of a first infringement, not exceed R15 000 and, in respect of a second or subsequent infringement, not exceed R30 000; |
| (iii) | if the period contemplated in subsection (1) does not exceed four years, may, in respect of a first infringement, not exceed R20 000 and, in respect of a second or subsequent infringement, not exceed R40 000; or |
| (iv) | if the period contemplated in subsection (1) does not exceed five years, may, in respect of a first infringement, not exceed R50 000 and, in respect of a second or subsequent infringement, not exceed R100 000; |
| (d) | inform the infringer that, not later than 30 days after the date of service of the infringement notice, the infringer may— |
| (i) | pay the administrative fine; |
| (ii) | make arrangements with the Registrar to pay the administrative fine in instalments; or |
| (iii) | elect to be tried in court on a charge of having committed the alleged offence; and |
| (e) | state that a failure to comply with the requirements of the notice within the time permitted, will result in the administrative fine becoming recoverable as contemplated in subsection (4). |
| (3) | If an infringer elects to be tried in court on a charge of having committed the alleged contravention or failure, the Registrar must hand the matter over to the prosecuting authority and inform the infringer accordingly. |
| (4) | If an infringer fails to comply with the requirements of a notice, the Registrar may file with the clerk or registrar of any competent court a statement certified by him or her as correct, setting forth the amount of the administrative fine payable by the infringer, and such statement thereupon has all the effects of a civil judgment lawfully given in that court in favour of the Registrar for a liquid debt in the amount specified in the statement. |
| (5) | The Registrar may not impose an administrative fine contemplated in this section if the person concerned has been charged with a criminal offence in respect of the same set of facts. |
| (6) | No prosecution may be instituted against a person if the person concerned has paid an administrative fine in terms of this section in respect of the same set of facts. |
| (7) | An administrative fine imposed in terms of this section does not constitute a previous conviction as contemplated in Chapter 27 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |