| (a) | contravenes or fails to comply with section 20 or a condition imposed on him or her in terms of section 23; |
| (b) | as a master of a vessel referred to in section 20(2) contravenes or fails to comply with a condition imposed on him or her in terms of section 24; |
| (c) | fails to comply with a directive issued by the Regulator; |
[Section 52(1)(c) substituted by section 41(a) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (d) | fails to pay any fee contemplated in section 28; |
| (e) | hinders an inspector in the exercise of his or her powers or the performance of his or her duties in terms of this Act, or fails to comply with any order given to him or her by an inspector in terms of this Act; |
| (g) | contravenes or fails to comply with section 51, |
is guilty of an offence.
| (2) | Any person who contravenes or fails to comply with any other provision of this Act or any condition, notice, order, instruction, directive, prohibition, authorisation, permission, exemption, certificate or document determined, given, issued, promulgated or granted in terms of this Act is, if any such contravention or failure is not declared an offence in terms of subsection (1), is guilty of an offence. |
[Section 52(2) substituted by section 41(b) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (3) | Any person convicted of an offence in terms of subsection (1) or (2) is liable on conviction— |
| (a) | in the case of an offence referred to in subsection (1)(a), (b), (c), (d), or (f) or (2) to a fine or to imprisonment for a period not exceeding 10 years; |
| (b) | in the case of an offence referred to in subsection (1)(e), to a fine or to imprisonment for a period not exceeding five years; |
| (c) | in the case of an offence referred to in subsection 51(1)(g), to a fine or to imprisonment for a period not exceeding three years; or |
[Section 52(3)(c) substituted by section 41(c) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (d) | Notwithstanding the provisions of paragraph (a), a person convicted of a failure to pay an administrative fine is liable on conviction to a fine or to imprisonment for a period not exceeding three months. |
[Section 52(3)(d) inserted by section 41(d) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (4) | If a person has failed to comply with an administrative fine as prescribed in section 47, the Regulator may cause to be delivered, by hand, to that person (hereinafter referred to as ‘the infringer’) a non-compliance notice which must contain the particulars contemplated in subsection (5). |
[Section 52(4) inserted by section 41(e) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (5) | A notice referred to in subsection (4) must— |
| (a) | specify the name and address of the infringer; |
| (b) | specify the particulars of the alleged offence; |
| (c) | specify corrective and preventive measures to be implemented by the infringer; |
| (d) | specify the amount of the administrative fine payable; |
| (e) | inform the infringer that, not later than 30 days after the date of service of the non-compliance notice, the infringer may— |
| (i) | pay the administrative fine; or |
| (ii) | make arrangements with the Regulator to pay the administrative |
fine in instalments; and
| (f) | state that a failure to comply with the requirements of the notice within the time permitted, will result in the administrative fine becoming recoverable as contemplated in subsection (6). |
[Section 52(5) inserted by section 41(e) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (6) | If the infringer fails to comply with the requirements of a notice, the Regulator may file with the clerk or registrar of any competent court a statement certified by it as correct, setting forth the amount of the administrative fine payable by the infringer, and such statement thereupon has all the effects of a civil judgement lawfully given in that court in favour of the Regulator for a liquid debt in the amount specified in the statement. |
[Section 52(6) inserted by section 41(e) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
| (7) | An administrative fine imposed in terms of this section does not constitute a previous conviction as contemplated in Chapter 27 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977). |
[Section 52(7) inserted by section 41(e) of the National Nuclear Regulator Amendment Act, 26 of 2024, Notice No. 5723, GG51804, dated 20 December 2024 - effective 4 June 2025 per Proclamation Notice 266 of 4 June 2025]
