[Section 126(1)(a) substituted by section 40 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
| (b) | by virtue of an exemption under section 15 (2) employs any person in risk work at a controlled mine or a controlled works and who fails to comply with any condition subject to which the exemption has been granted, |
[Section 126(1)(b) substituted by section 40 of the Occupational Diseases in Mines and Works Amendment Act, No. 208 of 1993]
shall be guilty of an offence and liable on conviction to a fine not exceeding four hundred rand.
| (2) | An owner of a controlled mine or a controlled works or contractor who— |
| (a) | knowingly permits the performance at a controlled mine or a controlled works, by a holder of a certificate of fitness in his service, of work which his certificate of fitness does not authorize him or her to perform; or |
| (b) | knowingly permits the performance of any work by such a holder otherwise than in accordance and compliance with a condition subject to which his permit has been issued or renewed; or |
| (c) | fails to keep a register in accordance with the provisions of section 16 (1) or (2), as the case may be; or |
| (d) | fails to afford the director or an authorized person referred to in section 16 (3) all reasonable facilities and assistance to inspect any such register, or make a copy thereof available at the request of the director or such authorized person, |
shall be guilty of an offence and liable on conviction to a fine not exceeding four hundred rand.
| (3) | An owner of a controlled mine or a controlled works who— |
| (a) | after having received a copy of a notice issued under section 26 (1), 29 (3) or 30 (4), permits the performance of risk work by the person to whom the notice was addressed at such owner’s mine or works before a fresh certificate has been issued to that person under this Act; or |
| (b) | contravenes the provisions of section 17 (1) or any provision of Chapter V, |
shall be guilty of an offence and liable on conviction—
| (i) | in the case of the offence referred to in paragraph (a), to a fine not exceeding four hundred rand; and |
| (ii) | in the case of an offence referred to in paragraph (b), to a fine not exceeding one thousand rand. |
