(1)
......
[Sub-s. (1) amended by s. 3 of Act 26 of 1951 and deleted by s. 14
(a) of Act 38 of 1997.]
(2)
In any prosecution for an offence under the provisions of this Act
evidence that any imported goods were shipped at any port shall be
prima facie evidence that those goods were made or produced in the
country within which that port is situated.
(3)
If in the prosecution of any person for an offence referred to in section
7 it is proved that(a)
the accused conducts business in goods of the same or similar
type as the goods to which any false trade description was
applied; and
(b)
the goods(i)
were found in possession of the accused; or
(ii)
the existence of which the accused was aware of or
could reasonably be expected to have been aware of,
were found on or in premises of which the accused was
on the particular day the owner, occupier, manager or
person in charge,
it shall be presumed, until the contrary is proved, that the
accused offered for sale or hire the goods.
[Sub-s. (3) added by s. 14 (b) of Act 38 of 1997.]
19.
......
[S. 19 repealed by s. 15 of Act 38 of 1997.]
20.
Penalties
(1)
(a)
(b)
Any person convicted of an offence in terms of this Act, except
section 5, shall be liable(i)
in the case of a first conviction, to a fine not exceeding
R5 000 for each article to which the offence relates or
to imprisonment for a period not exceeding three years
or to both such fine and such imprisonment;
(ii)
in any other case, to a fine not exceeding R10 000 for
each article to which the offence relates or to
imprisonment for a period not exceeding five years or
to both such fine and such imprisonment.
Any person convicted of an offence referred to in section 5
shall be liable to a fine or to imprisonment for a period not
exceeding six months.
[Sub-s. (1) substituted by s. 16 of Act 38 of 1997.]
(2)
Whenever any person is convicted of an offence under the provisions
of this Act, the court by which he is convicted may, in addition to any