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PRESIDENT'S OFFICE
No. 675. 19 April 1996
NO. 24 OF 1996: NATIONAL ROADS AMENDMENT ACT, 1996.
It is hereby notified that the President has assented to
the following Act which is hereby published for general
information:-
GENERAL EXPLANATORY NOTE:
** ** Words between asterisks indicate omissions from
existing enactments.
<< >> Words between pointed brackets
indicate insertions in existing enactments.
Act
To amend the National Roads Act, 1971, so as to amend
and insert certain definitions; to provide for the
application
of the Act; to further regulate the National
Road Fund; to further regulate assets acquired from the
fund; to
further regulate the declaration of a national
road; to further regulate the general powers, functions and
duties
of the South African Roads Board; to provide for the
delegation of certain powers and functions of the Board; to
amend certain provisions in view of the Constitution of the
Republic of South Africa, 1993; to provide for the charging
of a certain compensation; to further regulate the
limitation in respect of the institution of actions; to
repeal or amend certain obsolete provisions and
expressions; and to further regulate the commencement of
the National Roads Amendment Act, 1992; to amend the South
African Roads Board Act, 1988, so as to further regulate
the performance of the executive and administrative work of
the Board; and to provide for matters connected therewith.
(English text signed by the President.) (Assented to 16
April 1996.)
BE IT ENACTED by the Parliament of the Republic of South
Africa, as follows:-
Amendment of section 1 of Act 54 of 1971, as amended by
section 1 of Act 5 of 1982, section 1 of Act 79 of 1983 and
section 1 of Act 100 of 1992
1. Section 1 of the National Roads Act, 1971
(hereinafter referred to as the principal Act), is hereby
amended-
(a) by the deletion of the definition of
"Administrator";
(b) by the substitution for the definition of "local
authority" of the following definition:
"<<'local authority' means a local government
body contemplated in section 1 (1) of the Local Government
Transition Act, 1993 (Act No. 209 of 1993);>>";
(c) by the substitution for the definition of "national
road" of the following definition:
" 'national road' means a road or route declared a
national road under section 4(1)(a), and includes <<a
toll road as defined in this Act, as well as>> a part
of such road or route ; ";
(d) by the insertion after the definition of "point
of intersection" of the following definitions:
" <<'Premier' means the premier of a
province, or a member of the Executive Council designated
by the
premier concerned for the purposes of the
administration of this Act;
'province' means a province established by section
124(1) of the Constitution of the Republic of South Africa,
1993 (Act No. 200 of 1993);>>";
(e) by the substitution for the definition of
"regulation" of the following definition:
" 'regulation' means **except in section 19** a
regulation made under section 20;"; and
(f) by the substitution for the definition of "toll
gate" of the following definition:
'toll gate' means a structure on a toll road where toll
is payable under this Act <<or any electrical or
mechanical device on a toll road for recording the
liability to pay toll, or any combination of such structure
and such device;>>".
Insertion of section 1A in Act 54 of 1971
2. The following section is hereby inserted after
section 1 of the principal Act:
"Application of Act
<<1A. This Act shall apply throughout the Republic
to all national roads declared as such under section 4(1),
including inter-provincial bridges on such roads, as well
as all interstate bridges whether such bridges are part
of
a national road or not.>>".
Amendment of section 2 of Act 54 of 1971, as amended by
section 43 of Act 62 of 1973, section 7 of Act 72 of 1975,
section 20 of Act 102 of 1976, section 1 of Act 38 of 1978,
section 1 of Act 3 of 1979, section 1 of Act 93 of 1981,
section 1 of Act 10 of 1983, section 2 of Act 79 of 1983,
section 1 of Act 58 of 1985 and section 2 of Act 100
of
1992
3. Section 2 of the principal Act is hereby amended-
(a) by the substitution for paragraphs (b) and (bA) of
subsection (1) of the following paragraphs:
"(b) all **other** moneys made available for the
fund by parliament;
(bA) all moneys paid, <<subject to the provisions
of section 9(4A)>>, by way of toll in terms of
**section
9** <<this Act>>;";
(b) by the substitution for paragraph (f) of subsection
(1A) of the following paragraph:
"(f) If any State Department **including the South
African Transport Services, any provincial administration
and the Department of Posts and Telecommunications, or the
government of any territory in respect of which a
legislative council has in terms of the National States
Constitution Act, 1971 (Act No. 21 of 1971), been
established, or the Armaments Corporation of South Africa,
Limited**, <<or any province or other body approved
by the Minister>>, from whom a levy has been
collected in terms of this subsection, proves to the
satisfaction of the Board that any portion of distillate
fuel in respect of which that department, **government**
<<province>> or **corporation** <<other
body>> has paid a levy, has been used to propel
any
diesel locomotive, the relevant body may claim from the
Board a refund thereof from the fund, and the Board
shall,
if the body has followed the procedure determined by the
Board for the lodging of the claim, refund the
amount due
to the body concerned from the fund.";
(c) by the deletion of paragraph (g) of subsection (1A);
(d) by the substitution for paragraph (a) of subsection
(3) of the following paragraph:
"(a) The Board shall control the fund and shall pay
from it, **except in so far as Parliament may in respect of
a particular road or other works specially provide
otherwise, and** subject to the provisions of section 16 of
the South African Roads Board Act, 1988 (Act No. 74 of
1988), all expenditure incurred in connection with the
exercise or performance of the powers, functions or duties
of the Board in terms of this Act or the regulations
**including regulations made under section 19**.";
(e) by the deletion of paragraph (c) of subsection (3);
(f) by the substitution in subsection (3A) for the words
preceding paragraph (a) of the following words:
"The Board shall keep, <<subject to the
provisions of section 9(4A),>> a separate account of
all moneys received by way of toll or in any other way in
respect of a particular toll road and paid into the fund
and interest on investments of such moneys, and shall
utilize the moneys in that account for-";
(g) by the substitution for paragraph (a) of subsection
(4) of the following paragraph:
"(a) defray the cost or part of the cost incurred
by **an Administrator** <<a province>> or local
authority in connection with a road or other works which in
the opinion of the Board have become necessary as a result
of the construction of a national road;";
(h) by the substitution for paragraph (d) of subsection
(4) of the following paragraph:
"(d) defray the cost or part of the cost <<of
the compilation, procurement, composition, publication and
distribution>> of any publication or publicity
material which, in the opinion of the Board, will promote
the objects of this Act;";
(i) by the substitution for subsection (7) of the
following subsection:
"(7) The Board may **with the approval of the
Minister** invest moneys in the fund not immediately
required
by it <<with the Corporation for Public
Deposits established in terms of the Corporation for Public
Deposits
Act, 1984 (Act No. 46 of 1984), or, with the
concurrence of the Minister and the Minister of Finance,
with any
other institution.>>"; and
(j) by the substitution for paragraph (a) of subsection
(9) of the following paragraph:
"(a) When advances or other payments have been made
from the fund to **an Administrator** <<a province>>
or a local authority in pursuance of an agreement
contemplated in section 6(2)(b), or section 6(2)(b) as
applied by section 6(2A)(b), **or a consultation
contemplated in section 19(2)(b), the Administrator** <<the
province>> or the local authority, as the case may
be, shall in respect thereof submit annually to the
Board,
for inclusion in its own accounts, statements of account,
which, in the case of a local authority, shall
be audited
by the auditor of such local authority and supported by his
report and the necessary documentary evidence.".
Amendment of section 3 of Act 54 of 1971, as amended by
section 1 of Act 26 of 1974 and section 1 of Act 66 of 1980
4. Section 3 of the principal Act is hereby amended-
(a) by the substitution for subparagraph (i) of
paragraph (a) of subsection (2) of the following
subparagraph:
"(i) which was acquired <<in terms of the
provisions of any other law>>, for the purpose of or
in connection with a national road before the commencement
of this Act against compensation paid wholly from the fund;
or";
(b) by the addition of the word "or" at the
end of subparagraph (iii) of paragraph (a) of subsection
(2); and
(c) by the addition to paragraph (a) of subsection (2)
of the following subparagraph:
<<(iv) which was acquired for the purposes of a
road by any authority against compensation paid wholly by
that authority and which was subsequently declared a
national road under section 4(1).>>".
Amendment of section 4 of Act 54 of 1971, as amended by
section 47 of Act 97 of 1986, section 33 of Act 52 of 1991
and section 3 of Act 100 of 1992
5. Section 4 of the principal Act is hereby amended-
(a) by the substitution for subsections (1) and (2) of
the following subsections, respectively:
"(1) The Minister may by notice in the Gazette-
(a) declare any existing road or any route, the
boundaries of which have been fixed by survey, to be a
national
road;
**(b) declare that a national road shall be constructed
along a route which he shall indicate by specifying in the
notice the land over which the road will run or which, in
his opinion, will be affected, or will possibly be affected
in terms of this Act by the existence of the road if it is
declared to be a national road in terms of paragraph
(a);**
(c) amend or repeat a notice issued under paragraph (a)
**or (b)**
(2)<<(a)>> A notice under subsection (1)
shall only be issued on the recommendation of the Board
**made,
subject to the provisions of subsection (5)(b),
after consultation** <<and>> with the
**Administrator**
<<concurrence of the Premier>>
of each province in which the road in question is **or will
be** situated
**and, if that road is or will be situated in
a territory which by or in terms of an Act of Parliament
has been
declared to be a self-governing territory within
the Republic, with the Director-General: Regional and Land
Affairs**,
<<in the case where an existing road is to
be declared a national road, and after consultation with
the
relevant Premier if any route is to be so declared.
(b) If the concurrence referred to in paragraph (a)
cannot be obtained, the matter may in terms of section
98(2)(g)
of the Constitution of the Republic of South
Africa, 1993 (Act No. 200 of 1993), be referred to the
Constitutional
Court for its decision, unless the Minister
and the Premier concerned mutually agree to settle the
dispute in
another way.>>".
(b) by the deletion of subsections (3), (4) and (5).
Amendment of section 5 of Act 54 of 1971, as amended by
section 2 of Act 66 of 1980, section 2 of Act 93 of 1981
and section 4 of Act 100 of 1992
6. Section 5 of the principal Act is hereby amended-
(a) by the substitution for paragraphs (b), (c) and (cA)
of subsection (I) of the following paragraphs,
respectively:
"(b) to conduct on, or below the surface of, or in
connection with, any land, any survey or investigation
which the Board deems desirable in connection with a
national road**, a toll road or an interprovincial
bridge**,
or the designing, planning or construction of **a
national road, a toll road or such bridge** or with a view
to the declaration of an existing road or tiny route as a
national road;
(c) to plan, design <<or>> construct **or
maintain** any national road ***toll road or
interprovincial
bridge**;
(cA) to provide, establish, erect and maintain
facilities on <<national>> roads **and toll
roads**
for the convenience and safety of road users;";
(b) by the substitution for paragraph (f) of subsection
(1) of the following paragraph:
"(f) by itself or in collaboration with or through
**the Council for Scientific and Industrial Research
referred
to in section 2 of the Scientific Research Council
Act, 1988 (Act No. 46 of 1988), or any other** <<any>>
person or body, to do research or cause research to be
done, or make any other investigation or cause any other
investigation to be made, whether in the Republic or
elsewhere, in connection with the design, planning, **or**
construction<<, or operation>> of roads, the
materials or plant or other equipment for that purpose,
the
control of traffic on **public** roads or any other matter
which in the opinion of the Board will further
the objects
of this Act;";
(c) by the substitution for paragraph (m) of subsection
(1) of the following paragraph:
"(m) for the purpose of carrying out an agreement
between the Government of the Republic and the government
of any other country or territory, to exercise or perform,
<<by the direction of the Minister>>, in the
Republic or in the country or territory concerned, in
connection with roads or an interstate bridge any power,
function or duty which the Board is empowered under this
Act to exercise or perform in connection with roads
(whether national roads or not);";
(d) by the addition to subsection (1) of the following
paragraphs:
"(<<n) to establish and operate an
information and management system in respect of national
roads;
(o) to control and monitor any work, performed in
respect of national roads by any person or authority, which
is wholly paid for from the fund;
(p) to collect, or cause to be collected by any person
appointed for that purpose, money payable as toll on a toll
road;
(q) to provide, establish, maintain and operate toll
gates on a toll road;
(r) to authorize, approve or permit the construction or
establishment of anything on or over, or below the surface
of, a national road, and charge a levy, fee or rent for the
use of that national road for purposes relating to such
construction or establishment;
(s) to utilize any portion of a national road, not
immediately required for traffic purposes, for such
purposes
as the Board may deem fit;
(t) to perform any function which the Board, in terms of
this Act or any other law, is authorized or entitled to
perform, including any other function emanating
therefrom.>>".
Amendment of section 6 of Act 54 of 1971, as amended by
section 3 of Act 79 of 1983 and section 5 of Act 100 of
1992
7. Section 6 of the principal Act is hereby amended-
(a) by the substitution for subsection (1) of the
following subsection:
"(1) The Board may in writing delegate any power
conferred on<<, or any function assigned to,>>
it by this Act, to any member or officer of the Board.";
(b) by the substitution for paragraph (a) of subsection
(2) of the following paragraph:
"(a) The Board may, subject to the provisions of
paragraph (b) of this subsection, in writing delegate a
power conferred on<<, or a function assigned to,>>
it by **subsection (1) or (3) of this section, or
subsection (1)(b), (c), (d), (e), (f) or (l) or subsection
(2) of section 5, or section 7(1) or 8** <<this Act>>
to the **Administrator** <<Premier>> of a
province to be exercised by the **Administrator**
<<Premier>> concerned in that province or in
respect of a particular national road or other matter in
that province.";
(c) by the substitution for paragraphs (d) and (e) of
subsection (2) of the following paragraphs, respectively:
"(d) Notwithstanding anything to the contrary in
any other law contained, **an Administrator** <<a
Premier>> may-
(i) enter into such an agreement and comply with its
terms and conditions;
(ii) exercise a power <<or perform a function>>
so delegated, and <<do or>> cause the work
connected with it to be done **by officers or employees of
the provincial administration in question**.
(e) When a power <<or function>> conferred
on<<, or assigned to,>> the Board in terms **of
the provisions of subsection (1) or (3)** of this section
**or section 7(1)** has been delegated to **an
Administrator** a Premier under paragraph (a) of this
subsection-
(i) a member of the executive **committee of the**
council of the province in question and an officer or
employee
of **the administration of** that province shall,
for the purposes of the provision in question, be deemed to
be a member of the Board and an officer of the Board,
respectively;
(ii) a reference in the provision in question to a power
conferred by this Act shall, for the purposes of the
exercise of the delegated power by the **Administrator**
<<Premier>>, be deemed to be a reference to a
power so delegated.";
(d) by the substitution for paragraph (a) of subsection
(3) of the following paragraph:
"(a) Notwithstanding the provisions of section
16(2) of the South African Roads Board Act, 1988 (Act No.
74 of 1988), or any other law, the Board may have **the
construction of roads and toll roads or an investigation,
survey, design, planning or other work** <<any power
or function>> which it is in terms of this Act
empowered to **do** <<exercise or perform>> on
or in connection with national roads **toll roads**
or
routes **including the collection of money by way of a toll
at a toll gate on a toll road, and the operation
of such a
toll gate, done** <<exercised or performed>> by
any other person <<or authority>>
on such terms
and conditions as may be determined by agreement between
the Board and such other person <<or
authority.>>";
and
(e) by the addition to subsection (3) of the following
paragraph:
"<<(c) The Board may, whether upon
application by a province or local authority or not, in
exercising
its powers and performing its functions in terms
of paragraph (a) of this subsection, give preference to a
province
or local authority to perform the work in terms of
that paragraph: Provided that the province or local
authority
is competent to exercise or perform that power or
function to the Board's satisfaction, and a suitable
agreement
has been concluded.>>".
Amendment of section 7 of Act 54 of 1971, as amended by
section 57 of Act 63 of 1975 and section 13 of Act 100 of
1992
8. Section 7 of the principal Act is hereby amended-
(a) by the substitution for subsection (1) of the
following subsection:
"(1) A member or officer of the Board, or any
person authorized thereto in writing by the Board, may,
subject
to the provisions of subsections (2) **, (3)** and
(4), enter upon any land with the necessary workmen,
animals,
vehicles, machines, instruments, tools or
materials to carry out on, below the surface of, or in
connection with,
that land or other land any investigation,
Survey, observation or other act necessary for or connected
with the
exercise or performance of a power, function or
duty conferred on or entrusted to the Board in terms of
this
Act."; and
(b) by the deletion of subsection (3).
Amendment of section 8 of Act 54 of 1971, as
substituted by section 88 of Act 63 of 1975 and amended by
section
3 of Act 66 of 1980 and section 6 of Act 100 of
1992
9. Section 8 of the principal Act is hereby amended-
(a) by the substitution for paragraphs (a) and (b) of
subsection (1) of the following paragraphs, respectively:
"(a) expropriate land for a <<national>>
road or for works or purposes in connection with a
<<national>>
road, including any access road,
the acquisition, mining or treatment of gravel, stone,
sand, clay, water or
any other material or substance. the
accommodation of road building staff and the storage or
maintenance of vehicles,
machines, equipment, tools, stores
or material:
(b) take gravel, stone, sand, clay, water or any other
material or substance on or in land for the construction of
a road or for works or <<for>> purposes
referred to in paragraph (a);"; and
(b) by the substitution for paragraph (d) of subsection
(1) of the following paragraph:
"(d) if any land is or will be divided by a road
<<referred to in paragraph (a)>> in such a
manner
that in the opinion of the Board, that land or any
part of it is or will be useless to its owner, expropriate
that land or the part of it in question.".
Amendment of section 9 of Act 54 of 1971, as repealed
by section 89 of Act 63 of 1975 and inserted by section 4
of Act 79 of 1983 and. amended by section 7 of Act 100 of
1992 and section 1 of Act 27 of 1994
10. Section 9 of the principal Act is hereby amended-
(a) by the substitution for paragraphs (a) and (b) of
subsection (1) of the following paragraphs, respectively:
"(a) subject to subsection (3), declare a national
road or any portion thereof, including any bridge or tunnel
on a national road, as a toll road, <<for the
purposes of this Act>>, and amend or withdraw any
such declaration;
(b) in respect of the driving of any vehicle on a toll
road, levy a toll the amount of which has been determined
and made known in terms of subsection (4) and which shall
be payable at a toll gate by the person so driving the
vehicle, <<or at any other place subject to such
conditions as the Board may determine;>>";
(b) by the deletion of paragraph (c) of subsection
(c) by the deletion of paragraph (a) of subsection (3);
(d) by the substitution for subsection (4A) of the
following subsection:
"<<(4A) Notwithstanding anything to the
contrary in this Act contained-
(a) the Board may under the conditions and for the
period it deems fit, with the approval of the Minister, and
in terms of an agreement authorise any person to plan,
design, construct and operate a national road or any
portion thereof which has, in terms of this section, been
declared to be a toll road, or any portion of a toll road
so declared;
(b) the person referred to in paragraph (a) shall,
subject to the provisions of paragraph (c), be entitled to
levy toll, and collect moneys payable as toll on such toll
road, or portion thereof, for his or her own account during
the said period, and may for that purpose erect a toll gate
or toll gates and facilities in connection therewith
on the
toll road, or portion of the toll road; and
(c) the person referred to in paragraph (a) shall only
be entitled to levy toll in accordance with an agreement
with the Board and provided that the amount of such toll
has been approved by the Minister.>>"; and
(e) by the substitution for paragraph (a) of subsection
(5) of the following paragraph:
"(a) Any person who refuses or fails to pay the
amount of toll at a toll gate, <<or at any other
place
contemplated in paragraph (b) of subsection (1),>>
for which he is liable in terms of this section, shall be
guilty of an offence. ".
Amendment of section 15 of Act 54 of 1971, as amended
by sections 9 and 13 of Act 100 of 1992
11. Section 15 of the principal Act is hereby amended by
the substitution for subsection (2) of the following
subsection:
"(2) The provisions of subsection (1) shall not
apply to any person who, after the date on which a road or
route is under section 4(1)**(a)** declared to be a
national road, on land forming part of the national road or
building restriction area in question, continues a business
or undertaking which was carried on on the land in question
immediately before the date **and, if a proclamation under
section 4(1)(b) was then applicable in respect of
that
land, also immediately before the date on which such
proclamation was published in the Gazette** unless
such
person has by notice in writing been directed by the Board
to discontinue the business or undertaking before
a date
stated in the notice, and that date has arrived**: Provided
that, in the case of a business or undertaking
on land in a
territory or area referred to in section 4(2), such a
notice may only be issued after consultation
with the
Director-General: Regional and Land Affairs**.".
Insertion of section 15A in Act 54 of 1971
12. The following section is hereby inserted after
section 15 of the principal Act:
"Compensation
<<15A. (1) If the Board in terms of the provisions
of sections 10, 13 or 15 grants to any person an
authorization,
approval or permission to provide,
construct, erect, establish, carry on or operate on, over
or under a national
road, anything in terms of those
sections, the Board may in respect of that authorization,
approval or permission
charge a levy, fee or rent as
determined by the Board from that person.
(2) The levy, fee or rent contemplated in subsection (1)
may differ in the case of every authorization, approval or
permission.>>".
Repeal of section 19 of Act 54 of 1971
13. Section 19 of the principal Act is hereby repealed.
Amendment of section 20 of Act 54 of 1971
14. Section 20 of the principal Act is hereby amended by
the insertion after paragraph (b) of subsection (1) of the
following paragraph:
"(<<bA) which is not inconsistent with the
provisions of a road traffic law, in respect of traffic on
a national road or the use or protection of a national road
or the use or presence of vehicles or animals or any other
thing on a national road.>>".
Amendment of section 25 of Act 54 of 1971
15. Section 25 of the principal Act is hereby amended by
the substitution for the words preceding paragraph (a) of
subsection (1) of the following words:
"Notwithstanding anything to the contrary in any
other law contained **but subject to the provisions of
section
9 or that section as applied by any other provision
of this Act,** no action shall lie against the Board in
respect
of damage due to any act or omission of the Board
in connection with any matter relating to the condition of
a national road, or in respect of any act performed by an
officer of the Board or other authorized person in the
execution of his duty in connection with such road,
unless-".
Amendment of section 28 of Act 54 of 1971
16. Section 28 of the principal Act is hereby amended by
the substitution for subsection (3) of the following
subsection:
(3) Nothing in this Act shall have the effect of
interfering with or diminishing the powers conferred on, or
a
right or permission granted by, **the State President,
the Minister of Mines, a mining commissioner, Government
Mining Engineer or an inspector of mines** <<the
President, the Minister of Mineral and Energy Affairs and
the Director-General of Mineral and Energy Affairs>>
in terms of any law relating to mining or prospecting,
or a
regulation made under such law.
Amendment of Act 54 of 1971
17. The principal Act is hereby amended-
(a) by the substitution for the words "the
Administrator" and "an Administrator",
wherever
they occur, of the words "the Premier"
and "a Premier", respectively;
(b) by the substitution for the words "State
President", wherever they occur, of the word
"President";
and
(c) by the substitution for the expression "Minister
of State Expenditure", wherever it occurs, of the
expression "Minister of Finance".
Commencement of Act 100 of 1992
18. The National Roads Amendment Act, 1992 (Act No. 100
of 1992), excluding sections 7(d), 9(a) and 10, shall be
deemed to have come into operation on I July 1992.
Amendment of section 16 of Act 74 of 1988
19. Section 16 of the South African Roads Board Act,
1988, is hereby amended by the addition of the following
subsection:
"<<(3) Notwithstanding the provisions of
subsection (2), the Board may have any executive or
administrative
work done by any other person, on such terms
and conditions as may be determined by agreement between
the Board
and such other person, if-
(a) the Director-General does not have officials
available in the Department with the necessary expertise to
perform
such work efficiently; or
(b) the Director-General does not have sufficient
personnel available in the Department to perform such
work.>>".
Repeal of laws, and saving
20. (1) The National Roads Act, 1971 (Act No. 54 of
1971), which continued in force in terms of section 2 of
the
Status of the Transkei Act, 1976 (Act No. 100 of 1976),
section 2 of the Status of Bophuthatswana Act, 1977 (Act
No. 89 of 1977), section 2 of the Status of Venda Act, 1979
(Act No. 107 of 1979), and section 2 of the Status of
Ciskei Act, 1981 (Act No. 110 of 1981), in the relevant
territories and which is still in force in those
territories are hereby repealed.
(2) If the Board has in terms of a provision of the
National Roads Act, 1971, which has been amended or deleted
by this Act, agreed or undertaken, or incurred any
obligation, to perform any work, such agreement,
undertaking
or obligation shall be executed as if that
provision of the Act concerned has not been so amended or
repealed.
Short title and commencement
21. (1) This Act shall be called the National Roads
Amendment Act, 1996.
(2) Section 5(1)(r) of the principal Act, as
inserted by section 6 of this Act, and section 12 of this
Act shall
be deemed to have come into operation on 1 August
1993.
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