Firearms Control Act, 2000 (Act No. 60 of 2000)SchedulesSchedule 1 : Transitional provisions8. Matters pending under previous Act |
| (1) | Subject to subitems (2) and (3), this Act does not affect any proceedings instituted in terms of the previous Act which were pending in a court of law immediately before the date of commencement of this Act, and such proceedings must be disposed of in the court in question as if this Act had not been passed. |
| (2) | Proceedings contemplated in subitem (1) must be regarded as having been pending if the person concerned had pleaded to the charge in question. |
| (3) | No proceedings may continue against any person in respect of any contravention of a provision of the previous Act if the alleged act or omission constituting the offence would not have constituted an offence if this Act had been in force at the time when the act or omission took place. |
| (4) |
| (a) | Despite the repeal of the previous Act, any person who, before such repeal, committed an act or omission which constituted an offence under that Act and which constitutes an offence under this Act, may after this Act takes effect be prosecuted under the relevant provisions of this Act. |
| (b) | Despite the retrospective application of this Act as contemplated in paragraph (a), any penalty imposed in terms of this Act in respect of an act or omission which took place before this Act came into operation may not exceed the maximum penalty which could have been imposed on the date when the act or omission took place. |