51 (a) if are no special circumstances in the particular case, to imprisonment for a period of not less than five years or more than ten years; or (b) if the person convicted of the offence satisfies the court that there are special circumstances in the particular case why the penalty provided under paragraph (a) should not be imposed, which circumstances shall be recorded by the court, to imprisonment for a period not exceeding five years or a fine not exceeding level nine or twice the value of the gold that is the subject-matter of the offence, whichever is the greater, or to both such fine and such imprisonment. (2) A court sentencing a person under subsection (3)(a) shall not order that the operation of the whole or any part of the sentence be suspended.”; (b) by the repeal of section 30 and the substitution of— “30 Offences and penalties (1) If any person contravenes section 4, 5, 7 or 8 he or she shall be guilty of an offence and liable— (a) if are no special circumstances in the particular case, to imprisonment for a period of not less than five years or more than ten years; or (b) if the person convicted of the offence satisfies the court that there are special circumstances in the particular case why the penalty provided under paragraph (a) should not be imposed, which circumstances shall be recorded by the court, to imprisonment for a period not exceeding five years or a fine not exceeding level nine or twice the value of the gold that is the subject-matter of the offence, whichever is the greater, or to both such fine and such imprisonment. (2) A court sentencing a person under subsection (1)(a) shall not order that the operation of the whole or any part of the sentence be suspended. (3) Any person who is guilty of an offence in terms of this Act other than an offence referred to in subsection (1) or section 3, 6 or 12 shall be liable to a fine not exceeding level ten or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. (4) On the conviction of any person for an offence under this Act the court shall order that any gold which is the subject of such offence shall be forfeited to the State, unless some person, other than the person convicted, establishes a legal claim thereto within the period mentioned in section 27(3). (5) The court which has convicted any holder of a licence or permit of an offence under this Act shall cause notification of such conviction to be sent to the Minister.”.