(3)
18.
(a)
in the seizure or removal of the alleged counterfeit goods, the
inspector, or, in the detention and storage of those goods, that
person so in charge or the inspector (depending on the
circumstances), has been grossly negligent; or
(b)
the inspector or that person so in charge (as the case may be),
in the seizure, removal, detention or storage of those goods,
acted in bad faith.
Any reference in paragraphs (a) and (b) of subsection (2) to an
inspector or to a person in charge of a counterfeit goods depot
(however expressed) will be construed so as to include any person
acting on the instruction or under the supervision of the inspector or
the person so in charge, as the case may be.
Miscellaneous offences
A person will be guilty of an offence-
19.
(a)
upon failing to comply with any request, direction, demand or
order made or given by an inspector in accordance with the
provisions of this Act;
(b)
when obstructing or hindering an inspector in performing his or
her functions under this Act;
(c)
if that person, without the necessary authority, breaks,
damages or tampers with a seal applied by an inspector in
terms of this Act or removes any goods, documents, articles,
items, objects or things sealed or sealed-off by an inspector or
detained or stored at a counterfeit goods depot in terms of this
Act; or
(d)
when, if asked in terms of section 5 (1) (f) for information or an
explanation relating to a matter within the knowledge of that
person, he or she(i)
refuses or fails to give that information or explanation;
or
(ii)
gives information or an explanation knowing it to be
false or misleading.
Penalties
(1)
Any person convicted of an offence referred to in section 2 (2), will be
punishable(a)
in the case of a first conviction, with a fine, in respect of each
article or item involved in the particular act of dealing in
counterfeit goods to which the offence relates, that may not
exceed R5 000,00 per article or item, or with imprisonment for
a period that may not exceed three years, or with both such a
fine and such term of imprisonment;