ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
1. Short title.
2. Interpretation.
3. Exemptions from Act.
PART II
REGISTER OF PSYCHOLOGISTS
4. Register of Psychologists.
5. Duties of Registrar and certificates of registration.
6. Offences in connection with Register, etc.
7. Publication of Register.
8. Register to be evidence.
PART III
REGISTRATION AND ERASURE FROM REGISTER
9. Qualifications for registration to be prescribed.
10. Procedure for registration.
11. Erasures from Register.
12. Appeals against refusal to register or erasure from Register.
PART IV
PRACTISING CERTIFICATES
13. Interpretation in Part IV.
14. Control of practices and professions.
15. Application for practising certificates.
16. Issue, renewal and refusal of practising certificates.
17. Withdrawal of practising certificate.
PART V
REGISTRATION OF PSYCHOLOGICAL HEALTH PREMISES
18. Interpretation in Part V.
19. Application of Part.
20. Register of Psychological Health Premises.
21. Psychological health premises to be registered.
22. Application for registration.
23. Consideration of applications for registration.
24. Duration and renewal of registration.
25. Cancellation and variation of registration.
26. Display and return of registration certificates.
27. Appeals.
28. Powers of investigation of Practice Control Committee.
29. Existing psychological health premises.
PART VI
DISCIPLINE
30. Disciplinary Committee.
31. Function of Disciplinary Committee.
32. Taking of evidence by Disciplinary Committee.
33. Exercise of disciplinary powers on conviction for offence: court to forward evidence.
34. Executive Committee to refer cases to Disciplinary Committee.
35. Exercise of disciplinary powers.
36. Appeals to High Court.
37. Publication of result of disciplinary proceedings.
38. Council or Disciplinary Committee not to be liable.
39. Improper or disgraceful conduct.
40. Recovery by Council of costs.
PART VII
HYPNOTISM
41. Practice of hypnotism for entertainment.
42. Restrictions on practice of hypnotism.
PART VIII
GENERAL
43. Unregistered persons practising as or representing themselves to be psychologists.
44. Trainees.
45. Examinations.
46. Annual fees.
47. Registered psychologists becoming unfit to practise.
48. Moneys payable in terms of this Act to be paid into or from funds of Council.
49. Executive Committee to act for Council.
50. Regulations.
51. Advertising in relation to practice of psychology prohibited.
52. Offences and penalties.
AN ACT to provide for the registration of psychologists and the issue thereto of practising certificates; to provide for the registration and control of psychological health premises; to empower the Health Professions Council and the Executive and Disciplinary Committees to exercise disciplinary powers in relation to registered psychologists; to control the practice of hypnotism and to protect the public from harmful practices connected with hypnotism; and to provide for matters incidental to or connected with the foregoing.
[Date of commencement: 21st January, 1972.]
PART I
PRELIMINARY
1 Short title
This Act may be cited as the Psychological Practices Act [Chapter 27:11].
2 Interpretation
(1) In this Act-
"certificate of registration" means a certificate of registration issued in terms of paragraph (a) of subsection (4) or subsection (5) of section five;
"Council" means the Health Professions Council established by section 3 of the Medical, Dental and Allied Professions Act [Chapter 27:08];
"Disciplinary Committee" means the Disciplinary Committee referred to in section thirty;
"Executive Committee" means the Executive Committee of the Council established in terms of paragraph (a) of subsection (1) of section 13 of the Medical, Dental and Allied Professions Act [Chapter 27:08];
"hypnotism" means hypnotism, mesmerism or any similar act or process which produces or is intended to produce in any person any form of induced sleep or trance in which the susceptibility of the mind of that person to suggestion or direction is increased or intended to be increased, but does not include hypnotism, mesmerism or any such similar act or process which is self-induced;
"medical practitioner" means a person who is registered in terms of the Medical, Dental and Allied Professions Act [Chapter 27:08] as a medical practitioner; "Minister" means the Minister of Health and Child Welfare or any other Minister to whom the President may, from time to time, assign the administration of this Act; "Practice Control Committee" means the Practice Control Committee referred to in section 15 of the Medical, Dental and Allied Professions Act [Chapter 27:08];
"practice of psychology", subject to subsection (3), means any act which in terms of subsection (2) constitutes the practice of psychology and to "practise psychology" has a corresponding meaning;
"Register" means the Register of Psychologists kept in terms of this Act;
"registered trainee" means a trainee who is registered on the Trainees Register;
"Registrar" means the Registrar of the Council;
"trainee" means a person undergoing or wishing to undergo training in order to qualify himself for registration on the Register;
"Trainees Register" means the register of trainee psychologists kept in terms of section forty-four.
(2) Subject to subsection (3), the following acts shall be construed as constituting the practice of psychology-
(a) the measurement, assessment or evaluation of- (i) the intellectual abilities or capacities; or
(ii) the occupational or educational aptitudes or interests; or
(iii) the motivational dispositions; or
(iv) the emotional reactions or problems of adjustment; or
(v) the personality characteristics or traits; or
(vi) the mental health;
of any human individual by the administration of any test, scale, task, examination or other such measuring technique; or
(b) the tendering to any person of any form of advice, guidance, instruction or order regarding any aspect of his past, present or future life or behaviour on the basis of the results of an assessment or evaluation referred to in paragraph (a); or
(c) the use of any-
(i) instrument or device specified by the Minister by statutory instrument; or
(ii) galvanometer, ohmmeter, pneumograph, cardiograph, polygraph, electroencephalograph or other such instrument or device;
for the purpose of measuring or purporting to measure any psychological or emotional reaction or state in a human individual; or
(d) the use of any form of psychotherapy or treatment, including psychoanalysis or its derivatives, group therapy, behaviour therapy and conditioning techniques, hypnosis and suggestion, which is directed towards or purports to be directed towards changing the personality or emotional reactions or motives or any other personal characteristics of a person or group of persons, whether or not that person or member of the group of persons agrees to or requests such use; or
(e) the carrying out of research-
(i) in any of the matters specified in paragraphs (a) to (d); or
(ii) involving or attempting to involve the manipulation or change of personality, emotional reaction, motivation or values in human subjects, whether experimental or therapeutical or for any other reason; or
( f ) the instruction of any person in-
(i) the use of methods of measurement, assessment or evaluation referred to in paragraph (a); or
(ii) the use of any instrument or device referred to in paragraph (c) for the purposes referred to in that paragraph; or
(iii) the methods of psychotherapy or other treatment referred to in paragraph (d);
or
(g) the communicating to any person of the results of-
(i) any measurement, assessment or evaluation in terms of paragraph (a) of the psychological characteristics of that person or any other person, whether the assessment procedures have been carried out by the person communicating the results or any other person; or
(ii) any use of an instrument or device referred to in paragraph (c) for the purposes referred to in that paragraph.
(3) The following acts shall not be construed as constituting the practice of psychology-
(a) the use by a teacher, lecturer, inspector or examiner at a school, college, university, educational or research institution or place of work of any measurement, assessment or evaluation of the psychological characteristics of a person-
(i) which is necessary for the proper progress of a course of instruction; and
(ii) in which no use is made of any part or parts of a test or testing procedure the use of which is restricted by the authors of the test or the owners of the copyright in the test or by the Minister by statutory instrument to psychologists only; (b) the use of any method or technique referred to in subsection (2) by a student at a college, university or research institution which- (i) is a necessary part of his studies; and
(ii) is conducted under the direction of a registered psychologist; (c) the use of an instrument or device referred to in paragraph (c) of subsection (2) for purely physiological or medical purposes by-
(i) a person who is registered in terms of the Medical, Dental and Allied Professions Act [Chapter 27:08] in the course of the profession or calling in respect of which he is so registered; or
(ii) any other person under the direct supervision of a person referred to in subparagraph (i);
(d) the carrying out of research into any psychological or social factors if the person carrying on the research does not-
(i) falsely purport to be a qualified psychologist or to have the support or authority of a registered psychologist; or
(ii) use a method or technique referred to in subsection (2);
(e) the treatment of human ills by prayer through spiritual means alone.
3 Exemptions from Act
(1) The President, on the recommendation of the Council, may, by order in a statutory instrument, declare that the provisions of this Act or specified provisions of this Act shall not apply in relation to a person or class of persons or to an act or class of acts specified in that order if the President is satisfied that-
(a) the person or persons concerned are suitable and may be exempted from the provisions of this Act or the specified provisions, as the case may be, without possible detriment to the mental health of members of the public; or
(b) the act or acts concerned may safely be excluded from the provisions of this Act or specified provisions, as the case may be, without possible detriment to the mental health of members of the public;
as the case may be, and any such exemption may be made subject to such terms, conditions or restrictions as the President, on the recommendation of the Council, deems fit.
(2) An order made in terms of subsection (1) may be amended or revoked by the President, on the recommendation of the Council, at any time by order in a statutory instrument. PART II
REGISTER OF PSYCHOLOGISTS
4 Register of Psychologists
(1) The Council shall, subject to this Part, establish and keep a Register of Psychologists.
(2) There shall be entered in the Register in relation to a registered psychologist his name, address, qualifications and date of first registration and such other particulars as the Council may from time to time determine.
5 Duties of Registrar and certificates of registration
(1) The Register shall be kept in the custody of the Registrar at the office of the Council.
(2) It shall be the duty of the Registrar-
(a) to enter in the Register the particulars required by subsection (2) of
section four of each person whom he registers in terms of this Act;
(b) to make in the Register any necessary alterations in the name, address, qualifications or other particulars of a registered psychologist;
(c) to erase from the Register the name of a registered psychologist who dies;
(d) when required to do so by or under this Act or in pursuance of an order of the High Court-
(i) to mark in the Register the registration of an applicant or, as the case may be, the suspension from practice of a registered psychologist;
(ii) to erase from the Register the name of a registered psychologist; and generally, in connection with the Register, to comply with the provisions of this Act and any order of the High Court.
(3) Where the Registrar erases from the Register the name of a registered psychologist, he shall enter in that Register a record of the reasons therefor. (4) If in the performance of the duties imposed upon him by or under this Act the Registrar-
(a) registers an applicant, he shall issue to him a certificate of registration; (b) erases from the Register the name of a registered psychologist or marks in the Register the suspension from practice of a registered psychologist, he shall, if possible, notify him in writing accordingly.
(5) On application by a registered person the Registrar may issue to that person a duplicate certificate of registration-
(a) if he is satisfied as to the identity of the applicant; and
(b) on production by the applicant of an affidavit certifying that the certificate of registration has been lost or destroyed; and (c) on payment of the prescribed fee.
6 Offences in connection with Register, etc.
A person who-
(a) makes or causes to be made an unauthorized entry or alteration or deletion in the Register or a certified copy thereof or extract therefrom or on a certificate of registration; or
(b) procures or attempts to procure for himself or another person registration or a certificate of registration by means of fraud, a false representation or the concealment of a material fact; or
(c) makes or causes to be made in connection with an application for registration a false declaration in a document used for the purpose of establishing his identity; or
(d) wilfully destroys or injures or renders illegible or causes to be destroyed, injured or rendered illegible an entry in the Register; or
(e) without the permission of the holder, wilfully destroys, injures or renders illegible or causes to be destroyed, injured or rendered illegible a certificate of registration; or
( f ) forges or utters, knowing the same to be forged, a document purporting to be a certificate of registration;
shall be guilty of an offence and liable to a fine not exceeding five thousand dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
7 Publication of Register
(1) The Registrar shall, from time to time under the authority of the Council, cause a copy of the Register or of a supplementary list showing all alterations, additions, revisions and erasures made since the last publication of the complete Register, to be printed and published.
(2) A copy of the Register shall be published in such form as the Council may direct and may contain, in a list separate from the Register, such particulars as the Council may require to be published.
8 Register to be evidence
(1) Subject to subsection (2), the last published copy of the Register, as read with any supplementary list, purporting to be printed and published under the authority of the Council in terms of section seven, shall be prima facie evidence in all legal proceedings of the facts therein recorded and the absence of the name of any person from such copy shall be evidence, until the contrary is proved, that such person is not registered.
(2) In the case of a person-
(a) whose name does not appear in a copy published in terms of subsection (1) and whose name has been added to the Register after the date of the last published copy thereof, a certificate under the hand of the Registrar of the entry of the name of that person in the Register shall be prima facie evidence that that person is registered; or
(b) whose name has been erased from the Register since the date of the last published copy thereof and has not been restored thereto, a certificate under the hand of the Registrar that the name of that person has been erased from the Register shall be prima facie evidence that the person is not registered; or
(c) who has been suspended from practice in terms of this Act, a certificate under the hand of the Registrar that that person has been so suspended from practice for a period specified in that certificate shall be prima facie evidence that that person has been suspended from practice for that period.
PART III
REGISTRATION AND ERASURE FROM REGISTER
9 Qualifications for registration to be prescribed
The Council shall prescribe the qualifications which shall-
(a) qualify the holders thereof for registration on the Register; and
(b) subject to this Part, entitle the holders thereof to registration if they have before or in connection with or after the acquisition of the qualifications complied with such conditions or requirements as may be prescribed.
10 Procedure for registration
(1) Any person who wishes to be registered shall apply in writing to the Registrar and shall submit with his application-
(a) a certificate of any qualification on which he relies for registration or a certified photostat copy thereof:
Provided that a certificate showing his registration in a state or territory in which he qualified or a certified photostat copy thereof may be submitted if such certificate contains details of the qualifications on which registration was based; and
(b) evidence that he has attained the age of twenty-one years; and
(c) such evidence of identity, of good character and reputation, of compliance with the conditions prescribed in terms of section nine and of the authenticity and validity of the certificates submitted as the Council may require. (2) The Council may require any statement in or in connection with an application in terms of subsection (1) to be supported by solemn declaration.
(3) If the Registrar-
(a) is satisfied that the qualifications and the particulars or documents submitted in terms of subsection (1) are in accordance with the requirements of this Part, he shall, upon payment by the applicant of the prescribed fee, register the applicant;
(b) is not satisfied that the qualifications or the particulars or documents submitted with an application in terms of subsection (1) are in accordance with the requirements of this Part, he shall refer the application to the Council for decision.
(4) The Council may refuse to register an applicant if, in its opinion, the applicant, notwithstanding that he is otherwise qualified, is not a fit person to be registered by reason of-
(a) his physical or mental health; or
(b) the fact that he is not of good character and reputation; or
(c) the fact that he has not an adequate knowledge of the English language; or
(d) any conduct of his which, if he had been registered, would have constituted improper conduct or disgraceful conduct or conduct which, when regard is had to the practice of psychology, is improper or disgraceful:
Provided that, before refusing registration in terms of this paragraph, the Council shall refer the matter to the Disciplinary Committee and Part IV shall apply, mutatis mutandis, as if the applicant were registered.
11 Erasures from Register
(1) The Council may direct the Registrar to erase from the Register- (a) the name of any person who-
(i) has been absent from Zimbabwe for a continuous period of three years preceding such erasure; or
(ii) fails to pay any fee payable in terms of section forty-six; or
(iii) has failed within a period of six months after the date of an inquiry sent by the Registrar by registered letter to the address as shown in the Register to notify the Registrar of his present address:
Provided that if such registered letter is returned to the Registrar by reason of it being unclaimed or for any other reason, the Council may forthwith direct that the name of the person be erased from the Register; or
(iv) has requested that his name be removed from the Register and, if so required by the Council, has lodged an affidavit that no disciplinary or criminal proceedings are being or are likely to be taken against him in connection with the practice of psychology; or
(v) is resident or practising in Zimbabwe and whose name has been removed from the roll, register or record of any university, training institution or other body from which that person received the qualification on the basis of which he was registered; or
(vi) has been registered by the Registrar in terms of paragraph (a) of subsection (3) of section ten if the Council is satisfied that had the application been referred to it in terms of paragraph (b) of that subsection it would have refused to register the applicant in terms of subsection (4) of section ten:
Provided that the Council may not direct the erasure of the name of any person in terms of this subparagraph if a period of more than six months has elapsed since that person was registered by the Registrar; or
(b) any entry which is proved to the satisfaction of the Council to have been made in error or through fraudulent representation or concealment of material facts or in circumstances not authorized by this Act.
(2) Before the Council directs an erasure to be made in terms of subparagraph (v) of paragraph (a) or paragraph (b) of subsection (1) the Council shall, if possible, afford the person concerned an opportunity of showing cause before the Council as to why the erasure should not be made.
(3) A certificate of registration issued to a person whose name has been erased from the Register in terms of this section shall be deemed to have been cancelled on the date of the erasure and the person concerned shall be deemed not to be registered with effect from that date.
12 Appeals against refusal to register or erasure from Register
(1) A person, other than a person referred to in section thirty-six, who is aggrieved by-
(a) the refusal of the Council to register him or any qualification or particular which he wishes to be registered in terms of this Act; or
(b) the erasure from the Register of his name or of any qualification or particular which he considers he is entitled under this Act to have entered in the Register;
may, after notice to the Council and within three months after the date on which notice is given to him by the Registrar of such refusal or erasure, appeal to the High Court in such manner as may be provided by rules of court made by the High Court against such refusal or erasure.
(2) On an appeal in terms of subsection (1) the High Court may-
(a) dismiss the appeal; or
(b) if it is of opinion that the Council has not acted in accordance with the provisions of this Act, make an order that the name of the appellant or the qualification or particular, as the case may be, be registered on the Register; or (c) remit the matter to the Council for further consideration; and may make such other order as to costs or otherwise as may to it seem just.
(3) Where the Council has refused to register an applicant on the grounds that, in its opinion, he is not a fit person to be registered for any of the reasons specified in subsection (4) of section ten, the High Court may, if it thinks fit, notwithstanding the opinion of the Council, order that the appellant be registered.
PART IV
PRACTISING CERTIFICATES
13 Interpretation in Part IV
In this Part-
"designated health institution" means-
(a) any Government central, provincial or district hospital; or
(b) any private or mission hospital which provides consultancy services; or
(c) any University of Zimbabwe Medical School Teaching Hospital; or
(d) any other hospital or medical institution declared by the Practice Control Committee by a statutory instrument to be a designated health institution; "practising certificate" means a practising certificate which has been issued or renewed in terms of section sixteen. 14 Control of practices and professions
(1) No person who is registered in terms of this Act shall practise or carry on the practice of psychology-
(a) unless he is the holder of a valid practising certificate; and
(b) except in terms of and in accordance with such practising certificate. (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding ten thousand dollars or to imprisonment for a period not exceeding five years or to both such fine and such imprisonment.
15 Application for practising certificates
Any person who wishes to obtain or renew a practising certificate shall apply to the Practice Control Committee in such form and manner as may be prescribed-
(a) where the application is for the issue of a practising certificate, at any time;
(b) where the application is for the renewal of a practising certificate, at least thirty days before it is due to expire.
16 Issue, renewal and refusal of practising certificates
(1) Subject to the provisions of this section, upon an application being made to it for the issue or renewal of a practising certificate, the Practice Control Committee may- (a) if satisfied that the applicant is registered to practise psychology, grant the application and issue or renew the practising certificate, as may be appropriate; or (b) refuse to grant the application.
(2) In issuing or renewing a practising certificate to any person, the Practice Control
Committee may impose conditions restricting the person concerned-
(a) to employment in a designated health institution or to some-other form of employment; or
(b) to a particular branch of the practice of psychology; or
(c) in any other way whatsoever, whether similar or not to the restrictions mentioned in paragraph (a) or (b); which the Practice Control Committee considers desirable in the public interest.
(3) The Practice Control Committee shall not refuse either to issue or to renew a practising certificate unless it has reasonable grounds for believing that the applicant concerned-
(a) is not registered in respect of the practice of psychology; or
(b) is not a fit and proper person to hold a practising certificate by reason of-
(i) his physical or mental health; or
(ii) the fact that he is not of good character and reputation; or
(iii) the fact that his conduct in relation to the practice of psychology has, at any time, been improper or disgraceful; or
(iv) in the case of the issue of a practising certificate, the fact that he has not had sufficient practical experience, or the fact that he has not attained a sufficient standard of competence or proficiency, in the practice of psychology; or
(v) in the case of the renewal of a practising certificate, the fact that his standard of competence or proficiency in the practice of psychology has deteriorated below that which is acceptable in the public interest.
(4) If the Practice Control Committee proposes to refuse either to issue or to renew a practising certificate it shall-
(a) advise the person concerned of its proposal, stating the reasons therefor. and shall afford him a reasonable opportunity to make such representations as he may wish in regard to the proposal, in writing or, at the discretion of the
Practice Control Committee, in some other way; and
(b) obtain a report from the Executive Committee on its proposal; and (c) give due consideration to any representations made in terms of paragraph (a) and the report obtained in terms of paragraph (b).
(5) A practising certificate shall be valid for such period, not exceeding twelve months, as may be prescribed.
17 Withdrawal of practising certificate
(1) If at any time during the period of validity of a practising certificate the Practice Control Committee has reason to believe that the certificate should be withdrawn it may, subject to subsections (2) and (3), withdraw the certificate.
(2) If the Practice Control Committee proposes to withdraw a practising certificate, it shall-
(a) advise the holder of its proposal, stating the reasons therefor, and shall afford him a reasonable opportunity to make such representations as he may wish in regard to the proposal. in writing or, at the discretion of the Practice Control
Committee, in some other way; and
(b) obtain a report from the Executive Committee on its proposal; and
(c) give due consideration to any representations made in terms of paragraph (a) and the report obtained in terms of paragraph (b).
(3) The Practice Control Committee shall not withdraw a practising certificate unless it has reasonable grounds for believing that, were it considering an application for the issue or renewal of the practising certificate, such application would be refused in accordance with subsection (3) of section sixteen.
PART V
REGISTRATION OF PSYCHOLOGICAL HEALTH PREMISES
18 Interpretation in Part V
In this Part-
"psychological health premises" means any premises from which a registered psychologist practises his profession.
19 Application of Part
This Part shall apply to all psychological health premises, including designated health institutions as defined in section thirteen. 20 Register of Psychological Health Premises
(1) The Practice Control Committee shall establish and cause to be maintained a Register of Psychological Health Premises in which shall be recorded-
(a) such particulars of all registered psychological health premises as may be prescribed; and
(b) any conditions subject to which any psychological health premises have been registered; and
(c) the cancellation, suspension or renewal of the registration of any psychological health premises.
(2) Any member of the public shall be entitled to inspect the Register, free of charge, at all reasonable times at the offices of the Council. 21 Psychological health premises to be registered
(1) No psychologist shall practice his profession in or from any psychological health premises-
(a) unless the premises are registered; and
(b) where the premises are registered, except in accordance with the terms and any conditions attaching to its registration.
(2) Any psychologist who contravenes this section shall be guilty of an offence and liable to a fine not exceeding five thousand dollars or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment, unless he proves that he had no reasonable grounds for suspecting that the psychological health premises concerned were not registered or that he was contravening any term or condition of its registration. 22 Applications for registration
(1) An application for the registration of any psychological health premises shall be made to the Practice Control Committee in the prescribed form and shall be accompanied by the prescribed fee, if any.
(2) On receipt of an application in terms of subsection (1) the Practice Control Committee may-
(a) cause such investigation or inquiry to be conducted as it considers necessary or desirable, including the hearing of evidence from the applicant;
(b) where necessary, require the applicant to provide further particulars concerning the psychological health premises concerned and the use to which they are to be put.
(3) Any person who, in an application in terms of subsection (1) or in response to any inquiry or request made in terms of subsection (2), makes any statement which he knows to be false or does not believe on reasonable grounds to be true shall be guilty of an offence and liable to a fine not exceeding five thousand dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
23 Consideration of applications for registration
(1) Upon an application being forwarded to it in terms of subsection (2) of section twenty-two, the Practice Control Committee shall authorize the registration of the psychological health premises concerned unless it is satisfied that the application should be refused on any one or more of the following grounds-
(a) that the psychological health premises do not comply with any standards prescribed for such premises;
(b) that, because of their construction or location, the psychological health premises are unsuitable for use as such;
(c) that the equipment or facilities or both to be provided in the psychological health premises are inadequate or unsuitable;
(d) that the persons who will practise or be employed in the psychological health premises are not suitably qualified;
(e) that it is not in the public or national interest for the psychological health premises to be registered.
(2) Subject to subsection (3), the Practice Control Committee may impose such conditions upon the registration of psychological health premises as it considers necessary or, desirable in the interests of persons who will be treated at the premises or for whom the premises will provide services. (3) Where the Practice Control Committee intends-
(a) to refuse to authorize the registration of any psychological health premises; or
(b) to impose conditions upon the registration of any psychological health premises;
it shall notify the applicant of its intention and the reasons therefor and invite the applicant to make representations to it within such period, being not less than fourteen days, as the Practice Control Committee may specify.
(4) The Practice Control Committee shall take into account any representations made by an applicant in terms of subsection (3) before refusing to authorize the registration of any psychological health premises or imposing conditions upon its registration.
(5) Where the Practice Control Committee refuses to approve the registration of any psychological health premises, it shall notify the applicant- (a) of the refusal and of the reasons therefor; and
(b) that the applicant may, if he wishes, appeal to the Administrative Court in terms of section twenty-seven.
(6) Where the Practice Control Committee approves the registration of any psychological health premises, it shall-
(a) cause the prescribed particulars of the psychological health premises concerned to be entered in the Register, together with a note of any conditions imposed by it in terms of subsection (2); and
(b) cause the applicant to be issued with a registration certificate in the prescribed form showing the purposes for which the psychological health premises are registered and any conditions imposed by it in terms of subsection (2)
24 Duration and renewal of registration
(1) The registration of any psychological health premises shall remain in force until- (a) any material change occurs in the prescribed particulars recorded in the register in relation to those premises; or
(b) the expiry of such period as may be prescribed in relation to the class of psychological health premises concerned; or
(c) the registration is cancelled in terms of section twenty-five; whichever occurs the earliest.
(2) Sections twenty-two and twenty-three shall apply, mutatis mutandis, in relation to the renewal of the registration of psychological health premises in the same way as they apply to the registration of such premises:
Provided that an application for such renewal shall be made within such period as may be prescribed and, pending the determination of the application, the registration of the psychological health premises concerned shall remain in force.
25 Cancellation and variation of registration
(1) If at any time the Practice Control Committee has reasonable grounds for believing that-
(a) any condition subject to which any psychological health premises were registered has not been observed; or
(b) in relation to any registered psychological health premises circumstances exist which would justify the refusal of an application for registration, were such an application to be made; or
(c) it would be in the interests of the public generally or a section thereof for the registration of any psychological health premises, or any condition attaching to such registration, to be amended;
the Practice Control Committee shall give notice thereof in writing to the person who controls the psychological health premises. (2) A notice given in terms of subsection (1) shall-
(a) specify the grounds on which the Practice Control Committee's opinion is based; and
(b) state that the person to whom it is directed, within one month of receiving it, may submit to the Practice Control Committee any representations he may wish to make in the matter.
(3) If-
(a) no representations are submitted in terms of paragraph (b) of subsection (2); or
(b) after considering any representations submitted in terms of paragraph (b) of subsection (2), the Practice Control Committee is of the opinion that, for any reason referred to in subsection (1), the registration of the premises concerned should be cancelled or amended, or any condition attaching to its registration should be amended;
the Practice Control Committee may cancel or amend the registration of the premises concerned or amend the condition, as the case may be, and shall cause-
(i) the necessary entries or alterations in the Register to be made; and
(ii) the person who controls the psychological health premises to be notified of the action it has taken and require him to return the registration certificate for alteration or cancellation, and inform him that he may, if he wishes, appeal to the Administrative Court in terms of section twenty-seven.
26 Display and return of registration certificates
(1) Every person who controls any registered psychological health premises shall ensure that the registration certificate issued in respect of the psychological health premises is displayed in a prominent place within the premises.
(2) Whenever the registration of any psychological health premises is cancelled or amended or a condition attaching to its registration is amended, the person who controlled or controls such premises shall forthwith return the registration certificate to the Practice Control Committee for cancellation or alteration, as the case may be.
(3) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding five hundred dollars.
27 Appeals
Any person who is aggrieved by a decision of the Practice Control Committee in terms of this Part may, within a period of thirty days after the decision was communicated to him, appeal by notice in writing to the Administrative Court.
28 Powers of investigation of Practice Control Committee
Subsections (9) and (10) of section 15 of the Medical, Dental and Allied Professions Act [Chapter 27:08] shall apply to any person or premises to which this Part applies.
29 Existing psychological health premises
(1) In this section-
"fixed date" means the 1st September, 1992.
(2) Any psychologist who is lawfully practising psychology from any psychological health premises immediately before the fixed date may continue to do so for a period of six months after the fixed date in all respects as if those premises were registered, pending the making of an application in terms of section twenty-two for the registration of those premises.
(3) Where an application has been made for the registration of any psychological health premises referred to in subsection (2) within the period specified in that subsection, the applicant may continue to conduct his practice therefrom in all respects as if they were registered until the application is finally determined.
PART VI
DISCIPLINE
30 Disciplinary Committee
(1) The Disciplinary Committee shall consist of-
(a) the President of the Council who shall be chairman; and
(b) not less than two and not more than four other persons specially appointed by the President of the Council for the particular inquiry who are members of the Council or registered psychologists:
Provided that at least half of the persons so appointed shall be registered psychologists.
(2) The legal member of the Council shall be present at an inquiry to advise the Disciplinary Committee on matters of law, procedure and evidence:
Provided that, if the legal member of the Council is unable to be present at an inquiry, the President of the Council shall appoint some-other person who is a legal practitioner to be present at the inquiry to advise on matters of law, procedure and evidence.
(3) At any meeting of the Disciplinary Committee the chairman and two other members thereof shall form a quorum.
(4) All acts, matters or things authorized or required to be done-by the Disciplinary Committee shall be decided by a majority vote at a meeting of the Disciplinary Committee at which a quorum is present.
(5) At all meetings of the Disciplinary Committee each member present shall have one vote on a question before the Disciplinary Committee and, in the event of an equality of votes, the chairman shall have, in addition to a deliberative vote, a casting vote.
(6) Save as otherwise expressly provided in this Part, the Disciplinary Committee may regulate its procedure in such manner as it thinks fit.
(7) If the President of the Council is absent or unable to carry out his functions, the provisions of subsection (5) of section 11 of the Medical, Dental and Allied Professions Act [Chapter 27:08] shall apply.
(8) The Disciplinary Committee shall, in any inquiry held by it, record the proceedings and any evidence heard by it and the decision made by it and the reasons therefor.
31 Function of Disciplinary Committee
(1) Subject to subsection (2), the function of the Disciplinary Committee shall be to inquire into an allegation referred to it in terms of section thirty-four that a registered psychologist-
(a) has been guilty of improper or disgraceful conduct; or
(b) is grossly incompetent or has performed any act pertaining to the practice of psychology in a grossly incompetent manner; and to exercise the powers conferred by section thirty-five.
(2) Before exercising its function with respect to any registered psychologist the Disciplinary Committee shall-
(a) cause to be served upon him a notice in writing setting out the allegations against him; and
(b) afford him a reasonable opportunity of being heard either by himself or, if he so wishes, by a legal representative. 32 Taking of evidence by Disciplinary Committee
(1) For the purposes of an inquiry in terms of section thirty-one, the Disciplinary Committee may take evidence and may-
(a) under the hand of the chairman or the Registrar summon witnesses and require the production of any book, record, document or thing; and (b) through the chairman administer an oath to any person; and
(c) examine any book, record, document or thing which a witness has been required to produce.
(2) A summons for attendance before the Disciplinary Committee or for the production to it of any book, record, document or thing shall be- (a) as nearly as practicable in the form prescribed; and
(b) served either by registered letter sent through the post or in the same manner as it would be served if it were a subpoena issued by a magistrates court in criminal proceedings.
(3) Any person who-
(a) has been summoned in terms of subsection (2) and-
(i) refuses or fails without sufficient cause to attend and give evidence relevant to the inquiry at the time and place specified in the summons; or
(ii) refuses to be sworn when the chairman wishes to administer an oath to him; or
(iii) refuses or fails without sufficient cause to produce any book, record, document or thing which he has been required by that summons to produce; or
(b) attends as a witness before the Disciplinary Committee and refuses to answer or to answer fully and satisfactorily to the best of his knowledge and belief any question lawfully put to him; shall be guilty of an offence and liable to a fine not exceeding five thousand dollars:
Provided that a person referred to in this subsection shall be entitled to all the privileges to which a witness subpoenaed to give evidence before the High Court is entitled.
(4) Any person who gives false evidence on oath at an inquiry held in terms of this Part, knowing such evidence to be false or not knowing or believing it to be true, shall be guilty of an offence and liable to a fine not exceeding five thousand dollars or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
33 Exercise of disciplinary powers on conviction for offence: court to forward evidence
(1) A registered psychologist who has been convicted within or outside Zimbabwe, whether before, on or after the date of his registration, of an offence by a court of law shall be liable to be dealt with by the Disciplinary Committee in accordance with this
Part if the Disciplinary Committee is of opinion that such offence constitutes- (a) improper or disgraceful conduct; or
(b) conduct which, when regard is had to the practice of psychology, is improper or disgraceful.
(2) The Disciplinary Committee may, if it thinks fit on proof before it of the conviction referred to in subsection (1) and without hearing further evidence, deal with the convicted person in accordance with the provisions of this Part:
Provided that the convicted person shall be afforded an opportunity of tendering, in writing or in person or by his legal representative as he may elect, an explanation to the Disciplinary Committee in extenuation of his conduct.
(3) Subject to the Courts and Adjudicating Authorities (Publicity Restriction) Act
[Chapter 7:04], if, after the termination of proceedings before a court of law in Zimbabwe-
(a) it appears to the court that there is prima facie evidence of improper or disgraceful conduct on the part of a registered psychologist, the court shall direct that a copy of the record of the proceedings or a copy of such part of the record of the proceedings as is material to the issue shall be transmitted to the Council; or
(b) the Council requests that a record of the proceedings before a court of law in Zimbabwe or a part of such record be supplied to it on the grounds that it is of direct interest to the Council in the exercise of its functions under this Act, the registrar of the court shall transmit to the Council a copy of the record of the proceedings or a copy of such part of the record of the proceedings as is material.
34 Executive Committee to refer cases to Disciplinary Committee
(1) Whenever there is brought to the notice of the Executive Committee an allegation which might be the subject of inquiry by the Disciplinary Committee, the Executive Committee shall have power to call for information, to cause such investigation to be made as it thinks necessary and to seek such legal advice or other assistance as it may require.
(2) After investigation in terms of subsection (1) the Executive Committee shall refer the matter to the Disciplinary Committee for inquiry and may, if it thinks fit, arrange for the employment of a legal practitioner to present a charge on the evidence relating thereto at the inquiry:
Provided that-
(i) if the Executive Committee considers that-
(a) the conduct complained of would not, even if substantiated, constitute improper or disgraceful conduct; or
(b) for any other reason the allegation should not be the subject of inquiry by the Disciplinary Committee;
the Executive Committee shall take such other action as it deems fit and may, after first allowing the person concerned to make written representations, authorize the President of the Council to admonish that person and the Executive Committee shall report such action and the grounds therefor to the Council;
(ii) if the allegation forms or is likely to form the subject of criminal proceedings in a court of law, the Executive Committee may postpone referring the matter to the Disciplinary Committee until such criminal proceedings have been determined.
35 Exercise of disciplinary powers
(1) If after due inquiry the Disciplinary Committee decides that a registered psychologist-
(a) has been guilty of improper conduct or disgraceful conduct or conduct which, when regard is had to the practice of psychology, is improper or disgraceful and that such conduct warrants the cancellation of his registration; or
(b) is grossly incompetent or has performed any act pertaining to his profession or calling in a grossly incompetent manner;
the Disciplinary Committee shall refer the matter to the Council for the removal of the name of such person from the Register and may suspend him from practice pending a final decision by the Council.
(2) If after due inquiry the Disciplinary Committee decides that the registered psychologist has been guilty of improper conduct or disgraceful conduct or conduct which, when regard is had to the practice of psychology, is improper or disgraceful but that such conduct does not warrant the cancellation of the registration of that person, the Disciplinary Committee shall do one or more of the following- (a) order his suspension for a specified period from practising as a psychologist;
(b) impose such conditions as it deems fit subject to which he shall be entitled to carry on the practice of psychology;
(c) order him to pay a penalty not exceeding five thousand dollars, which penalty shall be payable to the Council;
(d) order him to pay any costs or expenses of or incidental to the inquiry; (e) censure him;
( f ) caution him and postpone, for a period not exceeding three years, any further action against him on one or more conditions as to his future conduct, including the conduct or nature of his practice during that period.
(3) If at any time the Disciplinary Committee is satisfied that during the period of any postponement in terms of paragraph ( f ) of subsection (2) a registered psychologist has not complied with the conditions imposed in terms of that paragraph, the Disciplinary Committee, after giving reasonable notice to the registered psychologist concerned, may proceed further to do one or more of the things specified in subsection (2).
(4) If after an inquiry in terms of this Part the Disciplinary Committee has not referred the matter to the Council in terms of subsection (1), it shall report to the Council at its next meeting any action it has taken in terms of subsection (2) or (3).
(5) Where any matter has been referred to the Council in terms of subsection (1) the Council may-
(a) direct the Registrar to cancel the registration of the registered psychologist; or
(b) do one or more of the things specified in subsection (2) which the Disciplinary Committee could have done, and if the Council fixes any conditions in terms of paragraph ( f ) of subsection (2) subsection (3) shall apply as though the references therein to the Disciplinary Committee were references to the Council.
36 Appeals to High Court
(1) Any person who is aggrieved at the finding or penalty imposed by the Council, Executive Committee or Disciplinary Committee under this Part may, within three months after the date of such finding or the imposition of such penalty, appeal to the High Court.
(2) On an appeal in terms of subsection (1) the High Court may-
(a) confirm, vary or set aside any finding or penalty of the Council,
Executive Committee or Disciplinary Committee; or
(b) remit the matter to the Council, Executive Committee or Disciplinary Committee for further consideration; and may make such other order as to costs or otherwise as may to it seem just: Provided that the High Court shall not set aside any finding or penalty by reason only of any informality in the proceedings of the Council, Executive Committee or Disciplinary Committee which did not embarrass or prejudice the appellant in answering the charge or in the conduct of his defence.
(3) For the purposes of any appeal in terms of this section the court may, if it thinks it expedient so to do, call in the aid of one or more assessors who are specially qualified and hear the appeal wholly or partly with their assistance but the decision of the court in such appeal shall be made or given by the judge or judges alone.
(4) The remuneration, if any, to be paid to an assessor called in terms of subsection
(3) shall be determined by the court.
37 Publication of result of disciplinary proceedings
(1) The Registrar shall, if so directed by the Council or Disciplinary Committee, cause to be printed and published in the Gazette the name of any person- (a) whose registration has been cancelled; or (b) who has been suspended from practice; in terms of this Part.
(2) A notice published in terms of subsection (1) shall be prima facie evidence in all legal proceedings that-
(a) the registration of the person specified in that notice has been cancelled; or
(b) the person specified in that notice has been suspended from practice for the period specified in that notice; as the case may be.
38 Council or Disciplinary Committee not to be liable
(1) Save as is provided in this Act, no legal proceedings whether civil or criminal shall lie against the Council, Executive Committee or Disciplinary Committee or any member or officer thereof in respect of any act or duty performed in accordance with the provisions of this Part.
(2) The Council shall not be responsible for any loss of earnings by a person as a result of action taken under this Part, whether by the Disciplinary Committee, the Executive Committee or the Council and whether or not the finding or penalty is subsequently varied or cancelled. 39 Improper or disgraceful conduct
(1) The Council may, in regulations made in terms of section fifty-
(a) define what shall constitute improper or disgraceful conduct in relation to psychologists; and
(b) provide for the manner in which complaints or charges against a registered psychologist may be lodged; and
(c) provide for any other matter incidental to the investigation of and inquiry into a complaint or charge against a registered psychologist.
(2) If a registered psychologist has counselled or knowingly been a party to the performance of any act in respect of which an unregistered person has been convicted of an offence under section forty-three, the conduct of such registered psychologist shall, for the purposes of this Part, constitute improper or disgraceful conduct:
Provided that the provisions of this subsection shall not be construed as exempting such registered psychologist from prosecution in a court of law for any offence which such conduct may constitute.
(3) Regulations referred to in subsection (1) shall not be deemed to limit the general power conferred on the Disciplinary Committee, the Executive Committee or the Council to inquire into allegations of improper or disgraceful conduct not covered by such regulations and to impose any penalty under this Part on any person guilty of such conduct.
40 Recovery by Council of costs
The Council may by action in a competent court recover any costs or penalty ordered in terms of this Part to be paid by a registered psychologist.
PART VII
HYPNOTISM
41 Practice of hypnotism for entertainment
(1) No person shall give any exhibition, demonstration or performance of hypnotism on any person-
(a) at or in connection with an entertainment to which members of the public are admitted, whether on payment or otherwise; or
(b) which is broadcast or to be broadcast by means of television; unless the approval, in writing, of the Council has been obtained and he complies with any terms, conditions or restrictions fixed by the Council in granting its approval.
(2) The Council shall not grant its approval for the purposes of subsection (1) unless it considers that the exhibition, demonstration or performance has some educational value or is otherwise in the public interest. 42 Restrictions on practice of hypnotism
(1) No person other than a registered psychologist or a medical practitioner shall practise hypnotism unless-
(a) he has attained the age of twenty-one years; and
(b) the Council has approved, in writing, the practice of hypnotism by him; and
(c) he practises hypnotism in accordance with any terms, conditions or restrictions fixed by the Council in granting its approval in terms of paragraph (b): Provided that this subsection shall not apply in relation to a registered trainee who practises hypnotism in accordance with any conditions fixed in regulations made in terms of section fifty.
(2) In granting approval for the purposes of paragraph (b) of subsection (1) the Council shall fix as one of the conditions that the hypnotism shall be practised under the supervision of a medical practitioner:
Provided that where the approval is granted to a dental practitioner for the purpose of practising hypnotism in the course of his practice of dentistry it shall not be necessary to fix such condition.
(3) No person shall give any exhibition, demonstration or performance by hypnotism on any person who has not attained the age of twenty-one years unless the approval, in writing, of the Council has been obtained and he complies with any terms, conditions or restrictions fixed by the Council in granting its approval.
PART VIII
GENERAL
43 Unregistered persons practising as or representing themselves to be psychologists
(1) Any person not a medical practitioner or registered as a psychologist who- (a) for gain, practises as a psychologist, whether or not purporting to be registered, or performs any act specially pertaining to the practice of psychology; or (b) pretends or by any means whatsoever holds himself out to be a psychologist, whether or not purporting to be registered; or
(c) uses the name of psychologist or any name, title, description or symbol indicating or calculated to lead persons to infer that he possesses a degree, diploma or other qualification as a psychologist or that he is registered as a psychologist under this Act;
shall be guilty of an offence and liable to a fine not exceeding five thousand dollars or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment.
(2) Paragraph (a) of subsection (1) shall not apply in relation to a registered trainee who performs any act specially pertaining to the practice of psychology which is permitted by regulations made in terms of section fifty and is performed in accordance with any conditions fixed in such regulations.
44 Trainees
(1) The Council shall, subject to this section, establish and keep a register of trainee psychologists.
(2) There shall be entered in the Trainees Register in relation to a registered trainee his name, address, qualifications and date of registration and such other particulars as the Council may from time to time determine and the provisions of section five shall apply, mutatis mutandis, in relation to the Trainees Register as they apply in relation to the Register.
(3) A trainee shall be eligible to be registered in the Trainees Register if he holds such qualifications and satisfies any other conditions that may be prescribed for the purposes of this subsection and the provisions of sections ten, other than paragraph (b) of subsection (1) thereof, eleven and twelve shall apply, mutatis mutandis, in relation to the Trainees Register as they apply in relation to the Register:
Provided that a trainee shall not remain registered on the Trainees Register for longer than forty-two months from the date he was first so registered.
(4) Part IV and of section forty-seven shall apply, mutatis mutandis, in relation to a registered trainee as they apply in relation to a registered psychologist.
45 Examinations
(1) The Council may from time to time cause to be held examinations of persons wishing to qualify themselves to carry on the practice of psychology.
(2) An examination in terms of subsection (1) shall be conducted by such examiners as the Council may from time to time appoint for the purpose.
(3) The Council may prescribe fees and other conditions in connection with the holding of an examination in terms of subsection (1).
(4) Any person who passes an examination in terms of subsection (1) and has fulfilled all the conditions prescribed in terms of subsection (3) shall be granted a certificate or diploma by the Council stating that that person is qualified to carry on the practice of psychology.
46 Annual fees
The Council may at any time prescribe that a fee shall be payable annually to the Council by registered psychologists and in prescribing the fee the Council shall specify the date on which the fee shall be payable. 47 Registered psychologists becoming unfit to practise
(1) Whenever there is brought to the notice of the Executive Committee an allegation that a registered psychologist has become mentally or physically disabled to such an extent that it would be contrary to the public welfare to allow him to continue to practise psychology, the Executive Committee-
(a) shall have power to call for information, to cause such investigation to be made as it thinks necessary and to seek such legal advice or other assistance as it may require; and
(b) may thereafter if it deems fit refer the matter to a committee appointed for the purpose of inquiry into the allegation.
(2) A committee appointed in terms of subsection (1) shall consist of such number of persons as the Executive Committee may consider necessary or desirable:
Provided that the Executive Committee-
(a) shall appoint to that committee at least one member of the Council who shall be the chairman of that committee; and
(b) may appoint to that committee persons who are not members of the Council.
(3) Part IV shall apply, mutatis mutandis, in relation to an inquiry by a committee appointed in terms of subsection (1).
48 Moneys payable in terms of this Act to be paid into or from funds of Council (1) Any costs incurred by the Council in the administration of the provisions of this Act shall be payable from the funds of the Council.
(2) Any moneys which are payable in terms of this Act to the Council shall be paid into and form part of the funds of the Council. 49 Executive Committee to act for Council
Any powers conferred on the Council by this Act may, between meetings of the Council, be exercised by the Executive Committee:
Provided that-
(i) the Executive Committee shall not, save in so far as the Council otherwise directs, have power to set aside or vary any decision of the Council; (ii) any action taken by the Executive Committee shall be reviewed by the Council at its meeting next after such action is taken.
50 Regulations
(1) The Council may make regulations prescribing anything which under this Act is required or permitted to be prescribed or which, in the opinion of the Council, is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Regulations made in terms of subsection (1) may provide for- (a) the qualifications required for registration;
(b) the fees which shall be payable-
(i) on application for registration in the Register or Trainees Register; or
(ii) for restoration to the Register; or
(iii) for the issue of a duplicate certificate of registration or certified extract from the Register or other certificate issued by the Registrar;
(c) the making of entries in the Register or Trainees Register and the erasure or removal therefrom of any name, address or qualification;
(d) the conduct of the practice of psychology;
(e) the employment by registered psychologists of persons who are not registered or are registered trainees;
( f ) conduct which shall be regarded as unbecoming to a registered psychologist or registered trainee;
(g) the conditions subject to which registered trainees may practise hypnotism;
(h) the acts specially pertaining to the practice of psychology which may or may not be performed for gain by registered trainees and the conditions subject to which any such acts may be performed by registered trainees;
(i) the construction and location of psychological health premises and the equipment and facilities to be provided therein;
( j) the staffing and supervision of psychological health premises and the services that may be provided therein or therefrom;
(k) the keeping of records and the submission of reports by persons who control registered psychological health premises.
(3) Regulations made in terms of subsection (1) may provide penalties for a contravention thereof not exceeding a fine of three thousand dollars or imprisonment for a period of six months or both such fine and such imprisonment.
(4) Regulations made in terms of subsection (1) shall be of no force and effect until they have been approved by the Minister and published in a statutory instrument.
51 Advertising in relation to practice of psychology prohibited
(1) No person shall advertise that-
(a) he is skilled in the practice of psychology; or
(b) he is willing to practise psychology; or
(c) he is competent to teach the practice of psychology; or
(d) he is willing to instruct in the practice of psychology; or
(e) he is seeking or requiring human subjects for any investigation or research involving the practice of psychology.
(2) The provisions of subsection (1) shall not apply to a registered psychologist but the provisions of this subsection shall not be construed as precluding regulations providing for the matters specified in paragraph ( f ) of subsection (2) of section fifty from regulating advertising by registered psychologists.
(3) In subsection (1)- "advertise" includes-
(a) the publication of any statement or claim in a newspaper, notice, handbill, pamphlet, card or circular; and
(b) the broadcasting by means of radio, television or cinematograph film of any statement or claim. 52 Offences and penalties
Any person who-
(a) is guilty of an offence in terms of this Act for which no specific penalty is provided for elsewhere in this Act; or
(b) contravenes or fails to comply with a provision of this Act, including any terms, conditions or restrictions fixed in terms of this Act, with which it is his duty to comply shall be guilty of an offence and if no specific penalty is provided elsewhere in this Act; shall be liable to a fine not exceeding five thousand dollars.
