Standards Act, 2008 (Act No. 8 of 2008)Part 5 : General Provisions32. Offences and penalties |
| (1) | Any person who falsely represents any material or substance to be reference material supplied by the SABS is guilty of an offence. |
| (2) | Any person who is convicted of an offence in terms of this Act is liable to a fine or to imprisonment for a period not exceeding two years. |
| (3) | A court convicting any person of an offence in terms of this Act may, in addition to any penalty imposed in respect of that offence— |
| (a) | and subject to subsection (4), order that a commodity, a consignment or batch of a commodity or product, any other article or any material or substance in respect of which that offence was committed, be forfeited to the State; and |
| (b) | summarily enquire into and assess the monetary value of any advantage gained or likely to be gained by such person in consequence of that offence and impose on that person a fine to a maximum equal to the amount so assessed and, in default of payment of such amount, imprisonment for a period not exceeding one year. |
| (4) | The Minister must, subject to subsection (3)(b), generally or in a particular case, determine the manner in which the forfeited goods referred to in subsection (3)(a) may be dealt with. |
| (5) | Section 35(4) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the necessary changes in the case of a forfeiture referred to in subsection (3)(a). |
| (6) | Notwithstanding anything to the contrary contained in any other law, a magistrate's court shall be competent to impose any penalty provided for in this Act. |