—(1) Except where provision is otherwise made in this Act, proceedings for any offence under this Act may be taken by the Registrar or with the written consent of the Minister by any person.
(2) [Act 36 of 2000]
(3) Proceedings for any offence under this Act, other than an offence punishable with imprisonment for a term exceeding 6 months, may be prosecuted in a Magistrate’s Court and in the case of an offence punishable with imprisonment for a term of 6 months or more may be prosecuted in a District Court.
(4) The Registrar may, without instituting proceedings against any person for any offence under this Act or any subsidiary legislation made thereunder which is punishable only by a fine or a fine and a default penalty, demand and receive the amount of such fine or default penalty or such reduced amount as he thinks fit from that person, whereupon —
if that person pays the amount to the Registrar within 14 days after the demand, no proceedings shall be taken against him in relation to the offence; or
if that person does not so pay the amount so demanded, the Registrar may cause proceedings to be instituted in relation to the offence.
(5) The powers conferred upon the Registrar under subsection (4) in relation to offences under this Act that are punishable by a fine or a fine and default penalty shall extend to an offence committed under section 201(1) even though such offence is punishable under section 204 by a fine or imprisonment.
(6) The power of the Registrar referred to in subsection (4) shall only be exercised where the person agrees, either by himself or an agent duly authorised by him, to the offence being dealt with under that subsection.
(7) Any punishment authorised by this Act may be imposed by a District Court, notwithstanding that it is a greater punishment than that Court is otherwise empowered to impose.
(8) The Registrar and any officer authorised by him in writing shall have the right to appear and be heard before a Magistrate’s Court or a District Court in any proceedings for an offence under this Act.
[UK, 1948, ss. 442, 445; Aust., 1961, s. 381]
History for Provision '409 Proceedings how and when taken'.
12 February 2007
Act 2 of 2007
13 February 2007
Act 1 of 2007
05 November 2007
05 November 2007
28 January 2011
Act 34 of 2010
29 December 2011
23 February 2009
Act 2 of 2009