(a) a contravention of subsection (1)(b) or (2)(b) unless the State proves
that the Board has not made a finding in terms of Schedule I read with
Schedule 5 or Schedule 6 read with Schedule 9;
(b) a contravention of subsection (1)(c) or (2)(c) with reference to
gender,
unless the State proves that the Board has not made a finding in terms
of Schedule 1 read with Schedule 5 or Schedule 6 read with Schedule 9;
or
(c) a contravention of subsection (1)(c) or (2)(c) with reference to
religion, unless the State proves that the Board has not made a finding
in terms of Schedule 10.
(7) It shall not be a defence to a prosecution for a contravention of
subsection (1) or (2) that the Board has made a finding that the publication
or
film falls within Schedule 2 or 7, or that the Board has imposed an age
restriction in respect of the exhibition of the film.
(8) When a Court finds that a film, publication, play or entertainment is
of
the nature referred to in subsection (1), (2) or (3) the chief executive
officer shall publish a notice to that effect in the Gazette and, in the case
of a film, cancel any certificate which was issued in terms of section 18:
Provided that the authority of the executive committee in terms of sections 22
and 23 is not limited by a court order or finding in terms of this section.
Punishment
30. (1) Any person found guilty of a contravention of section 25(a), (b) or
(c), 26(1)(a), (b) or (f), 26 (4), 27(1), 28 or 29 may be sentenced to a fine
or to imprisonment for a period not exceeding five years, or where the court
convicting such person finds that aggravating factors are predominant, both
such fine and such imprisonment.
(2) If a court convicting a person of a contravention referred to in
subsection (1), finds that aggravating circumstances are predominant, the
court
may, if the person so convicted is the holder of a licence to conduct an adult
premises referred to in section 24, withdraw such licence and declare that
such
person shall be disqualified from obtaining another such licence for a period
not exceeding 12 months.
(3) Any person found guilty of a contravention of section 25(d), or
26(1)(c), (d) or (e) or 26(3) may be sentenced to a fine or to imprisonment
for
a period not exceeding six months.
CHAPTER 8
Regulations, Amendment and Repeal of Laws
Regulations
31. (1) The Minister shall(a) in consultation with the Minister of Finance, make regulations
prescribing the fees which shall be payable in respect of any
application, exemption, permit or appeal under this Act;
(b) make regulations relating to the establishment of, procedure with
regard