Property Practitioners Act, 2019 (Act No. 22 of 2019)Chapter 5 : Compliance and Enforcement26. Compliance notices |
| (1) | The Minister must, from time to time, determine— |
| (a) | contraventions of the Act that are of a minor nature; and |
| (b) | contraventions of the Act that are of a substantial nature. |
| (2) | The Minister must publish the determinations referred to in subsection (1) by notice in the Gazette and the Authority must publish the determinations on its website and via any other medium it deems fit. |
| (3) | The Minister must, by notice in the Gazette, prescribe the maximum fines in respect of each type of contravention which the Authority may determine for the purposes of subsection (5): Provided that such a maximum fine may not for a particular year exceed the amount prescribed in respect of one year of imprisonment in accordance with the Adjustment of Fines Act, 1991 (Act No. 101 of 1991), at any particular moment in time. |
| (4) | The Authority may, where an inspection or investigation by an inspector indicates a contravention of this Act which is of a minor nature as determined under subsection (1), issue a compliance notice in the prescribed format to the person so allegedly contravening this Act, calling on that person to comply with this Act within a period specified in the compliance notice, which period must be reasonable in the circumstances. |
| (5) | The Authority may, in the compliance notice, determine a fine to be paid by the person concerned if such person, in writing, on the compliance notice acknowledges his, her or its failure to comply with this Act as stated in the compliance notice. |
| (6) | The fine contemplated in subsection (5) must be paid to the Authority within a period specified in the compliance notice. |
| (7) | Any fine paid in consequence of a compliance notice accrues to the Fund, and the person named in that notice may not be prosecuted for having committed such contravention. |
| (8) | Any contravention of a minor nature may not be taken into consideration when considering any application by or other proceedings against the person concerned. |