Geomatics Profession Act, 2013 (Act No. 19 of 2013)Chapter 7 : General36. Offences and penalties |
| (1) | Any person or body who contravenes the provisions of section 13(2) or (5), 15, 16(3), 18(6) or 23(5)(b) or (c) or (6) is guilty of an offence. |
| (2) | Any person convicted of an offence of contravening the provisions of section 13(2) or (5) or 16(3), is liable to a maximum fine equal to double the remuneration payable to him or her for work done during the period of such contravention or to a maximum fine equal to the fine calculated according to the ratio determined for a period of three years’ imprisonment in terms of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991) (in this section referred to as the Adjustment of Fines Act). |
| (3) | Any person who is convicted of an offence of contravening the provisions of section 15 or 18(6), is liable to a maximum fine equal to the fine calculated according to the ratio determined for one month’s imprisonment in terms of the Adjustment of Fines Act. |
| (4) | Any person who is convicted of an offence of contravening the provisions of section 23(5)(b) or (c) or (6) is liable to a maximum fine equal to the fine calculated according to the ratio determined for three years’ imprisonment in terms of the Adjustment of Fines Act. |
| (5) | In addition to and independently of any criminal proceedings contemplated or instituted against a person or body referred to in subsection (1), the Council may, in any court having jurisdiction, institute civil proceedings against such person or body in order to compel compliance with the relevant provisions of this Act or to interdict any contravention thereof or for any related purpose. |
| (6) | Any person who is not registered in terms of this Act and who performs any work which may only be performed by a registered person, or who pretends to be a registered person in any manner whatsoever, is guilty of an offence and liable to a maximum fine equal to the fine calculated according to the ratio determined for three years imprisonment in terms of the Adjustment of Fines Act. |
| (7) | Any registered person is personally responsible and liable for geomatics work performed by or under the supervision, direction or control of such person. |