| (1) | The Tribunal may impose an administrative fine only in respect of prohibited or required conduct in terms of this Act or the Consumer Protection Act, 2008. |
[Subsection (1) substituted by item A10(a) of Schedule 1 of Act No. 68 of 2008]
| (2) | An administrative fine imposed in terms of this Act may not exceed the greater of— |
[Words preceding section (2)(a) substituted by item A10(b) of Schedule 1 of Act No. 68 of 2008]
| (a) | 10 per cent of the respondent’s annual turnover during the preceding financial year; or |
| (3) | When determining an appropriate fine, the Tribunal must consider the following factors: |
| (a) | The nature, duration, gravity and extent of the contravention; |
| (b) | any loss or damage suffered as a result of the contravention; |
| (d) | the market circumstances in which the contravention took place; |
| (e) | the level of profit derived from the contravention; |
| (f) | the degree to which the respondent has co-operated with the National Credit Regulator and the Tribunal, or the National Consumer Commission, in the case of a matter arising in terms of the Consumer Protection Act, 2008, and the Tribunal; and |
[Subsection (3)(f) substituted by item A10(c) of Schedule 1 of Act No. 68 of 2008]
| (g) | whether the respondent has previously been found in contravention of this Act. |
[Subsection 3(g) substituted by item A10(d) of Schedule 1 of Act No. 68 of 2008]
| (4) | For the purpose of this section, the annual turnover of— |
| (a) | a credit provider at the time an administrative fine is assessed, is the total income of that credit provider during the immediately preceding year under all credit agreements to which this Act applies, less the amount of that income that represents the repayment of principal debt under those credit agreements; or |
| (b) | any other person, is the amount determined in the prescribed manner. |
| (5) | A fine payable in terms of this section must be paid into the National Revenue Fund referred to in section 213 of the Constitution. |
