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(h) in the case of a contravention of section sixteen—
(i) to cease immediately to collect any fee, commission or other charge collected in
contravention of subsection (1) of that section and to refund to any person who
paid it the amount so collected; or
(ii) to cease immediately to collect any excess fee, commission or other charge
collected in contravention of subsection (2) of that section and to refund to any
person who paid it the amount so collected;
(i) in the case of a contravention of section seventeen, to cease immediately to require any
person to operate a savings or current account with a minimum balance in excess of that
stipulated by paragraph (a) or (b) of subsection (3) of that section.
(2) The Director may serve a compliance order in terms of paragraph (e) of subsection (1)
on any person (other than a financial institution or moneylender) holding cash in circumstances
which give rise to a reasonable suspicion that it is being held for the purpose of exchanging it in
contravention of subsection (1) of section fourteen.
(3) Before taking any action in terms of subsection (1) or (2), the Director shall notify in
writing the trader, parastatal, financial institution, moneylender or other person concerned of his
or her intention to issue a compliance order and the reasons for doing so, and shall call upon the
trader, parastatal, financial institution, moneylender or other person to show cause, within fortyeight hours or such longer time as may be specified in the notice, why such compliance order
should not be issued.
(4) Any trader, parastatal, financial institution, moneylender or person who or which is
aggrieved by an order given in terms of subsection (1) may apply to a judge in chambers and
upon such application the judge may—
(a) confirm or vary the order; or
(b) discharge the order.
(5) Any trader, parastatal, financial institution, moneylender or person who or which fails to
comply with a compliance order within fourteen days (or such longer period as the Director may,
for good cause shown, allow in writing) of the date of service of the order shall be guilty of an
offence and liable—
(a) in a case where the compliance order relates to a contravention of section ten, to a fine
not exceeding level eight for each day during which it is in default of compliance with
that provision, calculated from the day when the compliance order was served;
(b) in a case where the compliance order relates to a contravention of section eleven or
twelve, to a fine—
(i) equivalent to the value of the excess cash involved in the contravention of the
relevant provision; or
(ii) not exceeding level ten, if the amount referred to in subparagraph (i) is not
readily ascertainable;
(c) in a case where the compliance order relates to a contravention of subsection (1) of
section fourteen, to a fine—
(i) equivalent to the value of the cash exchanged in contravention of that provision;
or
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