PRESIDENT'S
OFFICE
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- No. 1534.
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6 October 1995
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- NO. 71 OF 1995: DEFENCE
SPECIAL ACCOUNT AMENDMENT ACT, 1995.
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- It is hereby notified that
the President has assented to the following Act which is hereby
published for general information:-
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- GENERAL EXPLANATORY NOTE:
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- ** ** Words between
asterisks indicate omissions from existing enactments.
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- << >> Words
between pointed brackets indicate insertions in existing
enactments.
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ACT
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- To amend the Defence
Special Account Act, 1974, so as to replace certain expressions; and
to provide for matters in connection
therewith.
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- (English text signed
by the President.) (Assented to 28 September 1995.)
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BE IT ENACTED by the
Parliament of the Republic of South Africa, as follows:- Amendment
of section 1 of Act 6 of 1974, as amended
by section 21 of Act 102
of
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1976, section 1 of Act 17 of
1981 and section 10 of Act 113 of 1984
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- 1. Section 1 of the
Defence Special Account Act, 1974 (hereinafter referred to as the
principal Act), is hereby amended by the
substitution for paragraph
(b) of the following paragraph:
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- "(b) moneys
appropriated by Parliament by an Appropriation or other Act for the
requirements of the **South African** <<Department
of>>
Defence
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**Force** if the
Minister of Defence in consultation with the Minister
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of **State Expenditure**
<<Finance>> deems it necessary in the public interest,
and thereupon such moneys shall
be deemed to have been appropriated
by law for the account;".
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- Amendment of section 1A of
Act 6 of 1974, as inserted by section 4 of Act 96 of
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1982
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- 2. Section 1A of the
principal Act is hereby amended by the substitution for subsection
(1) of the following subsection:
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- "(1) The **Chief of
the South African** <<accounting officer of the Department
of>> Defence **Force** may,
with the prior approval of the
Minister of **State Expenditure** <<Finance>> in
respect of any financial year enter
into commitments for
expenditure from the account for which moneys in the account may be
utilized in terms of section 2(2)
but for which no money has been
provided in the account, and which in the aggregate does not exceed
the amount shown in the
estimates of expenditure, as defined in the
Exchequer Act, 1975 (Act No. 66 of 1975), for the financial year
concerned, under
the vote of the **South African**
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<<Department of>>
Defence **Force**, as estimated under-expenditure.".
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- Amendment of section 2 of
Act 6 of 1974, as substituted by section 2 of Act 17 of 1981 and
amended by section 5 of Act 96 of 1982
and section 7 of Act 142 of
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1992
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3. Section 2 of the principal
Act is hereby amended-
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- (a) by the substitution
in subsection (1) for paragraph (a) of the following paragraph:
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- "(a) Subject to the
provisions of this Act, the moneys in the account shall be State
moneys for the purposes of the Exchequer
Act, 1975 (Act No. 66 of
1975), and the **Chief of the South African Defence Force,
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as** accounting officer
of the **South African** <<Department of>>
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Defence **Force in terms of
that Act** shall be charged with the responsibility of administering
and accounting for the moneys
in the account received by him and
moneys paid from the account by him in connection with the special
defence activities and
purchases of the
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**South African**
<<Department of>> Defence **Force** referred to in
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paragraph (a) of subsection
(2) and the expenditure referred to in paragraph (b) of that
subsection.";
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- (b) by the substitution
for subsections (2) and (3) of the following subsections:
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- "(2) The moneys in
the account shall-
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(a) with
the approval of the Minister of **State Expenditure**
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<<Finance>>
be utilized to defray the expenditure incurred in connection
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with such special defence
activities in connection with the functions contained in the Defence
Act, 1957 (Act No. 44 of 1957),
and purchases of the **South
African** <<Department of>> Defence **Force** and the
Corporation as the Minister of
Defence may from time to time
approve;
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- (b) if the account has
been credited with moneys referred to in section 1(b), also be
utilized to defray any expenditure which
would normally have been
defrayed by the **South African** <<Department of>>
Defence **Force** out of moneys appropriated
by the Appropriation or
other Act in question.
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- (3) Payments for the said
special defence activities and purchases of the **South African**
<<Department of>> Defence
**Force** shall be made by the
**South African** <<Department of>> Defence **Force**,
and payments for the said special
defence activities and purchases
of the Corporation shall be made by the Corporation."; and
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- (c) by the substitution
for the proviso to subsection (4) of the following proviso:
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- ": Provided that the
Director-General: State Expenditure or any person in the Department
of State Expenditure designated
by him, may authorize a person or
persons employed by the **South African**
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<<Department of>>
Defence **Force** <<in the Defence Secretariat>> or the
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Corporation to sign
warrant vouchers necessary for the said payments.
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- Short title
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4. This
Act shall be called the Defence Special Account Amendment Act, 1995.
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