36 Repeal of sections 25, 26 and 27 of Act 65 of 1996 30. Sections 25, 26 and 27 of the principal Act are hereby repealed. Amendment of section 27A of Act 65 of 1996, as inserted by section 12 of Act 18 of 2004 31. Section 27A of the principal Act is hereby amended by the substitution for 5 subsection (4) of the following subsection: ‘‘(4) Any person who— (a) fails to comply with subsection (1) shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding six months or to both a fine and such imprisonment; or 10 (b) fails to comply with subsection (2) or (3) shall be guilty of an offence and liable, upon conviction, to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.’’. Repeal of sections 28 and 29 of Act 65 of 1996 15 32. Sections 28 and 29 of the principal Act are hereby repealed. Amendment of section 30 of Act 65 of 1996, as amended by section 15 of Act 18 of 2004 33. Section 30 of the principal Act is hereby amended— (a) by the deletion of subsections (1), (1A), (2) and (3); and (b) by the substitution for paragraphs (a) and (b) of subsection (4) of the following paragraphs: ‘‘(4) (a) If any person who has contravened or failed to comply with [section 26(1)(a), (aA), (b), (c), (d), (2) or (3) or 27A(1)] section 24(A)(1), 2(a), (5), (6), (7), 24C(2) or 27A(1)(a) agrees to abide by a decision [of the executive committee] of the Board and deposits with the Board such sum as [the executive committee of] the Board may determine but not exceeding the greater of two thousand rand or two times the prescribed classification costs, where applicable, on each such contravention or failure to comply, [the executive committee of] the Board may, after conducting an enquiry, determine the matter summarily and may, without legal proceedings, order forfeiture by way of penalty of the whole or any part of the amount so deposited. (b) There shall be a right of appeal to the Minister from any determination or order of the [executive committee of the] Board under paragraph (a), as long as that right is exercised within a period of three months from the date of such determination or order.’’. 20 25 30 35 Amendment of section 30B of Act 65 of 1996, as inserted by section 16 of Act 18 of 2004 34. Section 30B of the principal Act is hereby amended by the substitution for 40 paragraph (b) of subsection (2) of the following paragraph: ‘‘(b) any film, game or publication [or film] has or has not been submitted to the Board in terms of this Act.’’. Amendment of section 31 of Act 65 of 1996 35. Section 31 of the principal Act is hereby amended— 45 (a) by the substitution for subsection (1) of the following subsection: ‘‘(1) The Minister [shall] may— (a) in consultation with the Minister of Finance, make regulations, [prescribing the] regarding fees [which shall be] payable in respect of any application, exemption, permit or appeal under 50 this Act; Creamer Media Pty Ltd +27 11 622 3744 polity@creamermedia.co.za www.polity.org.za