(b)
(2)
Any person convicted of an offence referred to in section 18, will be
punishable with a fine or imprisonment for a period that may not
exceed six months.
(3)
(a)
A court that has convicted a person of an offence
contemplated in section 2 (2) must, when considering which
penalty to impose, amongst others take into account any risk
to human or animal life, health or safety or danger to property
(whether movable or immovable) that may arise from the
presence or use of the counterfeit goods in question.
(b)
Without detracting from the discretion that a court in criminal
proceedings has with regard to sentencing, a court that has
convicted any person of an offence referred to in section 2 (2)
may take into account, in mitigation of sentence, any evidence
to the effect that such person, fully, truthfully and to the best of
his or her ability had disclosed to an inspector who acted
against him or her in terms of section 4 (1) or to a member of
the South African Police Service who investigated that offence,
all information and particulars available to that person in
relation to any one or more, or all, of the following matters
(whichever may have been applicable in the circumstances):
(4)
20.
in the case of a second or any subsequent conviction, with a
fine, in respect of each such article or item, that may not
exceed R10 000,00 per article or item, or with imprisonment
for a period that may not exceed five years, or with both such a
fine and such term of imprisonment.
(i)
The source from which the counterfeit goods involved
in the commission of the offence, were obtained;
(ii)
the identity of the persons involved in the importation,
exportation, manufacture, production or making of
those counterfeit goods;
(iii)
the identity and, if reasonably demanded, the
addresses or whereabouts of the persons involved in
the distribution of those goods;
(iv)
the channels for the distribution of those goods.
(a)
The Minister may from time to time by notice in the Gazette
increase the amounts of the fines mentioned in paragraphs (a)
and (b) of subsection (1).
(b)
That notice must be laid on the table in the National Assembly,
for its consideration and approval, within 14 days after the date
on which it is published in the Gazette, if the National
Assembly is then in session, or, if it is not then in session,
within 14 days of the commencement of its next session.
Orders permissible following
contemplated in section 2 (2)
conviction
of
person
of
offence