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Offences and penalties

18. (1) Any officer of Statistics South Africa who, in the course of his or her employment in terms of this Act—
(a) wilfully makes any false declaration, statement or return;
(b) obtains or seeks to obtain information that he or she is not duly authorised to obtain;
(c) puts to any person a question which he or she is not duly authorised to ask;
(d) asks of, or receives or takes from, any person, organ of state, business or other organisation, any payment or reward in connection with such employment, other than remuneration due to him or her in terms of this Act or the Public Service Act;
(e) wilfully discloses any data or information obtained in the course of such employment to a person not authorised to receive that information;
(f) uses information obtained in the course of such employment for the purpose of speculating in—
(i) any stock, bond or other security; or
(ii) any goods or services, before its release is authorised by the Statistician-General; or
(g) contravenes any provision of section 17,
is guilty of an offence and liable on conviction to a fine not exceeding R10 000, or such higher amount as is determined from time to time by the Minister of Justice as contemplated in section 1(1)(a) of the Adjustment of Fines Act, 1991 (Act No. 101 of 1991), or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(2) Any person who—
(a) impersonates an officer of Statistics South Africa for the purpose of obtaining information from any person or body; or
(b) represents himself or herself to be making an entry and inspection in terms of section 15 or putting a question in terms of section 16(1) when he or she is not an officer of Statistics South Africa authorised in terms of section 15 or 16, as the case may be, is guilty of an offence and liable on conviction to a fine not exceeding R10 000, or such higher amount as is determined from time to time by the Minister of Justice as contemplated in section 1(1)(a) of the Adjustment of Fines Act, 1991, or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
(3) Any individual other than an employee of an organ of state, business or other organisation that—
(a) fails to answer a question put in terms of section 16(2)(a) or furnishes an answer to such a question which is false or misleading in any material respect, knowing the answer to be false or misleading;
(b) fails to furnish information or sign a declaration in terms of section 16(2)(b) or furnishes such information which is false or misleading in any material respect, knowing the information to be false or misleading;
(c) incites any other person to act as contemplated in paragraph (a) or (b);
(d) refuses—
(i) the Statistician-General or any authorised officer of Statistics South Africa, acting in terms of section 15, entry on any land or premises; or
(ii) to permit the Statistician-General or that authorised officer to inspect anything on or in that land or premises;
(e) wilfully obstructs the Statistician-General or any officer of Statistics South
Africa in the exercise of a power, or the performance of a duty, in terms of this Act, is guilty of an offence and liable on conviction—
(i) in the case of an individual, to a fine not exceeding R10 000, or such higher amount as is determined from time to time by the Minister of Justice as contemplated in section 1(1)(a) of the Adjustment of Fines Act, 1991, or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment; and
(ii) in the case of a business or other organisation, to a fine not exceeding R20 000 or an amount determined by the Minister from time to time by notice in the Gazette.
(4) (a) A conviction of an offence referred to in subsection (3)(a) or (b) does not relieve any individual, business or other organisation of the obligation to supply the correct information.
(b) If after 14 days from the date of sentencing for that offence, the information has still not been furnished, that individual, business or other organisation is guilty of a further offence and liable on conviction for each day after the expiry of that 14 day period—
(i) in the case of an individual, to a fine not exceeding R500 or an amount determined by the Minister from time to time by notice in the Gazette; or
(ii) in the case of a business or other organisation, to a fine not exceeding R2 000 or an amount determined by the Minister by notice in the Gazette.