32 so, 1s324 GOVERNMENT GAZETTE, 1 OCTOBER 1997 Act NO. 37.1997 COUNTERFEIT GOODS ACT, 1997 mutandis unless credible evidence in rebuttal of the fact presumed, is tendered. Liability for damage or 10SS arising pursuant to application of Act t 17. (1) hy person suffering damage or loss caused by the wrongful seizure, removal or detention of goods aUeged to be counterfeit goods, or by any action contemplated in 5 section 7(1 )(a), (b) or (c) or (2) wrongfully taken by an inspector with reliance on that section read with section 4(1 ), or caused during or pursuant to the seizure, removal or detention of such goods in terms of this Act, will be entitled to claim compensation for that damage or loss which claim, subject to subsection (2), will be against the complainant and not against the State, the inspector or the person in charge of the 10 counterfeit goods depot where those goods are or were detained. (2) The State or such inspector or the person in charge of the relevant counterfeit goods depo~ as the case may be, will be liable in respect of a claim contemplated in subsection (1) only if— (a) in the seizure or removal of the alleged counterfeit goods, the inspector, or, in 15 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. (3) Any reference in paragraphs (a) and (b) of subsection (2) to an inspector or to a 20 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. MisceUaneous offences 18. A person will be guilty of an offence— 25 (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 ACC (c) if that person, without the necessary authority, breaks, damages or tampers 30 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 )fj) for information or an explanation 35 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 19. (1) Any person convicted of an offence referred to in section 2(2), will be 40 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 45 a fine and such term of imprisonment; (b) 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 RIO 000,00 per article or item, —.—. _ . . ———— ..+x%i.wbk . . -- ., . .EitE%z%z ! -- ..’si=.~ .,. + -... .