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Formal Consolidation |  2009 RevEd
Proceedings by whom and when to be taken and power to compound offences
58.—(1)  Proceedings for an offence —
(a)against any provision in Part VII may be taken only with the consent of the Attorney-General; and
(b)against any other provision of this Act may be taken by the Board or, with the consent of the Attorney-General, by any other person.
(2)  The Board may, without instituting proceedings against any person for an offence under this Act or any regulations made thereunder, which is punishable only by a fine, demand and receive the amount of such fine or such reduced amount as it thinks fit, from such person, whereupon —
(a)if that person pays that amount to the Board within 14 days after the demand, no proceedings shall be taken against him in relation to the offence;
(b)if that person does not pay the amount so demanded, the Board may cause proceedings to be instituted in relation to the offence.
(3)  The powers conferred upon the Board under subsection (2) shall only be exercised where a person admits the offence and agrees in writing to the offence being dealt with under that subsection.
Informal Consolidation | Amended Act 15 of 2010
Proceedings by whom and when to be taken and power to compound offences
58.—(1)  Proceedings for an offence —
(a)against any provision in Part VII may be taken only with the consent of the Public Prosecutor; and
(b)against any other provision of this Act may be taken by the Board or, with the consent of the Public Prosecutor, by any other person.
[15/2010 wef 02/01/2011]
(2)  The Board may, without instituting proceedings against any person for an offence under this Act or any regulations made thereunder, which is punishable only by a fine, demand and receive the amount of such fine or such reduced amount as it thinks fit, from such person, whereupon —
(a)if that person pays that amount to the Board within 14 days after the demand, no proceedings shall be taken against him in relation to the offence;
(b)if that person does not pay the amount so demanded, the Board may cause proceedings to be instituted in relation to the offence.
(3)  The powers conferred upon the Board under subsection (2) shall only be exercised where a person admits the offence and agrees in writing to the offence being dealt with under that subsection.