Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007.pdf/35

---

(b)

any particulars to be included in the Register, in addition to those mentioned in section 49(b)(i) to (vi);

(c)

the manner in which the National Commissioner of Correctional Services must forward particulars of prisoners who are serving a sentence of imprisonment as the result of a conviction for a sexual offence against a child or a person who is mentally disabled to the Registrar as contemplated in section 50(5)(a);

(d)

the manner and period within which the National Commissioner of Correctional Services must inform each prisoner whose particulars have been forwarded to the Registrar as contemplated in section 50(5)(b);

(e)

the manner in which the National Commissioner of the South African Police Service must forward particulars of persons with a previous conviction for a sexual offence against a child or a person who is mentally disabled to the Registrar as contemplated in section 50(6);

(f)

the manner in which the Director-General: Health must forward particulars of persons who are subject to a direction in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977, as the result of an act which constituted a sexual offence against a child or a person who is mentally disabled to the Registrar as contemplated in section 50(7)(a);

(g)

the manner and period within which the Director-General: Health must inform each person whose particulars have been forwarded to the Registrar as contemplated in section 50(7)(b);

(h)

the manner in which persons mentioned in section 44 must apply to the Registrar for a certificate;

(i)

the format and content of the certificate contemplated in section 44;

(j)

persons who may apply for a certificate in terms of section 44;

(k)

any further category of employers to whom this Chapter shall apply;

(l)

the period within which a certificate contemplated in section 44 must be provided to any person by the Registrar;

(m)

access to the Register;

(n)

the safe-keeping and disposal of records; and

(o)

any aspect in this Chapter in respect of which regulations may be required or are necessary.

(2) The provisions of this Chapter shall apply with the necessary changes to the category of employers and employees in their employment from the date of publication of the regulations contemplated in subsection (l)(k).

(3) Regulations made in terms of subsection (1) may, in respect of any contravention thereof or failure to comply therewith, prescribe as a penalty a fine or imprisonment for a period not exceeding 12 months.

(4) Any regulation made in terms of this section must be submitted to Parliament at least 30 days before publication thereof in the Gazette.

Chapter 7

General provisions

Part 1: Miscellaneous offences: Obligation to report commission of sexual offences against children or persons who are mentally disabled and attempt, conspiracy, incitement or inducing another person to commit sexual offence

Obligation to report commission of sexual offences against children or persons who are mentally disabled

54. (1) (a) A person who has knowledge that a sexual offence has been committed against a child must report such knowledge immediately to a police official.

(b) A person who fails to report such knowledge as contemplated in paragraph (a), is guilty of an offence and is liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both a fine and such imprisonment.