- Government
Gazette
14661
-
STATE
PRESIDENT'S
OFFICE
-
- No.
454
-
19
March
1993
-
- It
is
hereby
notified
that
the
State
President
has
assented
he
following
Act
which
is
hereby
published
for
general
information:-
-
NO.
29
OF
1993:
STANDARDS
ACT,
1993
-
ACT
-
- To
provide
for
the
promotion
and
maintenance
of
standardization
and
quality in
connection
with
commodities
and
the
rendering
of
services,
and
for
that purpose
to
provide
for
the
continued
existence
of
the
South
African
Bureau of
Standards,
as
the
national
institution
for
the
promotion
and
maintenance
of
standardization,
and
the
control
thereof
by
a
council,
and
for
matters
connected
therewith.
-
- (English
text
signed
by
the
State
President.)
(Assented
to
11
March
1993.)
-
BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
the
Republic of
South
Africa,
as
follows:-
-
- Definitions
-
- 1.
In
this
Act,
unless
the
context
otherwise
indicates-
-
- (i) "amendment"
with
regard
to
a
standard
or
compulsory
specification,
includes
complete
substitution,
with
or without
alteration
of
one
or
more
of
or
all
the
provisions,
or the
scope
and
purport,
thereof;
(xxxiv)
-
(ii) "article"
includes
any
commodity;
(i)
-
- (iii) "auditor"
means
a
person
appointed
as
auditor
in
terms
of section
28(1)(a)(ii)
for
the
purposes
of
this
Act;
(xv)
-
- (iv) "certification
mark"
means
a
certification
mark
referred
to in
section
18(1)(a);
(xx)
-
- (v) "chairman"
means
the
person
appointed
as
the
chairman
of
the council
in
terms
of
section
7(1)(a)(i);
(xxxii)
-
- (vi) "code
of
practice"
means,
in
the
case
of
a
code
of
practice
referred
to
in
section
16(3)(a)(i),
a
description
of-
-
(a)
the
terminology
to
be
used;
-
- (b)
the
method
to
be
applied
or
the
procedure
to
be followed;
-
- (c)
the
material
to
be
used;
-
- (d)
any
requirements
to
be
met,
- obtaining
-
- in
connection
with
the
execution
in
an
orderly,
systematic,
practical,
efficient,
safe
or
effective
manner
of
an
act performed
with
a
view
to
achieving
a
stated
purpose
or
-
- a
stated
result;
(iv)
- (vii) "commodity"
includes
an
element
or
characteristic,
or
a category
or
system,
of
some
commodity;
(viii)
-
- (viii)
"compulsory
specification"
means
a
compulsory
specification
referred
to
in
section
22;
(xxviii)
-
- (ix) "council"
means
the
Council
of
the
South
African
Bureau
of
-
Standards
referred
to
in
section
6;
(xviii)
-
- (x) "distinctive
mark"
means
a
distinctive
mark
referred
to
in section
18(1)(d);
(xiii)
-
- (xi) "examine"
includes
inspect;
(xiv)
-
- (xii) "financial
institution"
means
a
financial
institution
as defined
in
section
1
of
the
Financial
Institutions
(Investment
of
Funds)
Act,
1984
(Act
No.
39
of
1984),
and includes
a
bank
as
defined
in
section
1
of
the
Banks
Act,
-
1990
(Act
No.
94
of
1990);
(iii)
-
- (xiii)
"importer"
means
an
importer
as
defined
in
section
1(1)
of the
Customs
and
Excise
Act,
1964
(Act
No.
91
of
1964);
(vii)
-
- (xiv) "inspector"
means
a
person
appointed
as
an
inspector
in
terms of
section
28(1)(a)(i);
(vi)
-
- (xv) "issue",
with
regard
to
a
standard
or
a
publication,
includes
making
available
by
means
of
electronics,
photography
or another
medium;
(xxv)
-
- (xvi) "manufacture"
includes
produce,
assemble,
alter,
modify,
adapt,
convert,
process
or
treat;
(xxix)
-
- (xvii)
"mark",
whether
used
in
a
compound
with
any
other
word
or not,
includes
any
symbol,
sign,
drawing,
design,
badge,
emblem,
representation,
heading,
name,
word,
signature,
-
letter
or
numeral,
or
any
combination
of
two
or
more
thereof; (ix)
-
- (xviii)
"mark
of
authenticity"
means
a
mark
of
authenticity
referred
to
in
section
18(1)(c);
(xxxiii)
-
- (xix) "mark
of
proof"
means
a
mark
of
proof
referred
to
in
section
-
18(1)(b);
(xvii)
-
- (xx) "mark
permit"
means
a
mark
permit
referred
to
in
section
-
20(1)(b);
(x)
- (xxi) "mark
specification"
means
a
mark
specification
referred
to in
section
119,
(xi)
-
- (xxii)
"Minister"
means
the
Minister
of
Trade
and
Industry;
(xii)
(xxiii)"prescribed"
means
prescribed
by
regulation;
(xxx)
-
(xxiv)
"president"
means
the
person
who
is
the
president
of
the
SABS
-
in
terms
of
section
10(1);
(xvi)
-
- (xxv) "reference
material"
means
any
material
or
substance
one
or more
characteristics
of
which
are
such
that
it
may
be
used-
-
- (a)
for
the
calibration
of
any
apparatus;
-
- (b)
for
the
testing
of
the
accuracy
of
any
method
of
measurement;
or
-
- (c)
for
the
determination,
by
comparison
therewith,
of
any
characteristic,
including
purity,
of
any
other
material
or substance;
(xxx)
-
- (xxvi) "regulation"
means
a
regulation
in
force
in
terms
of
this
-
Act;
(xix)
-
- (xxvii)
"sales
permit"
means
a
sales
permit
referred
to
in
section
-
23(1)(c);
(xxvii)
-
- (xxviii)
"sell"
includes-
-
- (a)
display,
offer
or
advertise
for
sale;
-
(b)
export
from
the
Republic
for
or
in
pursuance
of
a
sale; (c)
have
in
possession
for
the
purpose
of
sale,
trade,
-
manufacture
or
export
from
the
Republic;
(xxvi)
-
- (xxix) "specification"
means,
in
the
case
of
a
specification
referred
to
in
section
16(3)(a)(i)-
-
- (a)
a
description
of
a
commodity
with
reference
to
its
characteristics,
including
its
nature,
quality,
strength,
efficacy,
purity,
composition,
assembly,
quantity,
dimensions,
mass,
grade,
design,
layout,
durability,
capacity,
format,
operation,
performance,
origin
or
age,
whichever may
be
applicable;
-
- (b)
a
description
of
the
manner
of
manufacture
of
a
-
commodity,
including
the
components
thereof,
the
material
-
or
-
substance
from
or
with
which
it
shall
be
manufactured,
and the
characteristics,
requirements,
handling
and
treatment
-
of
-
such
components,
material
or
substance,
and
the
-
characteristics
of
the
commodity,
whichever
may
be
applic-
-
able,
-
- as
well
as
a
description
of
related
matters
deemed
necessary
-
- or
-
expedient,
including-
-
- (i) the
marking,
handling,
packing,
storage
and
transport of
a
commodity;
or
-
- (ii) the
manner
of
installation
of
the
commodity
to
ensure
efficient
performance;
(xxi)
-
- (xxx) "standard"
means
a
standard
referred
to
in
section
-
16(3)(a)(i)
or
(8);
(xxii)
-
- (xxx) "standard
method"
means,
in
the
case
of
a
standard
method
referred
to
in
section
16(3)(a)(i),
a
description
of-
-
- (a)
the
preparatory
steps
to
be
taken;
-
(b)
the
equipment,
material
or
substance
to
be
used;
(c)
the
procedure
to
be
followed,
for
the
purpose
of
-
determining
the
nature,
purity,
composition,
dimensions,
performance
or
other
characteristics
of
any
commodity;
(xxiii)
-
- (xxxii)
"system",
with
regard
to
a
commodity,
means
a
system
which
is designed
to
achieve
a
particular
purpose
or
to
perform
a specific
function;
(xxiv)
-
- (xxxiii)
"the
SABS"
means
the
South
African
Bureau
of
Standards
referred
-
to
in
section
2(1);
(ii)
-
- (xxxiv) "this
Act"
includes
a
regulation.(v)
Continuation
of
South
African
Bureau
of
Standards
-
2.
(1)
The
South
African
Bureau
of
Standards
established
by
section
2
-
of
the
Standards
Act,
1945
(Act
No.
24
of
1945),
shall,
notwithstanding
the
-
repeal
of
the
Standards
Act,
1982
(Act
No.
30
of
1982),
by
this
Act,
-
continue
to
exist
as
a
juristic
person
known
as
the
SABS
and
is
the
-
national
institution
for
the
promotion
and
maintenance
of
standards.
-
- (2)
Notwithstanding
anything
to
the
contrary
in
this
Act
or
any
other law
contained,
any
assets
or
property,
whether
movable
or
immovable,
obtained
by
way
of
ownership
by
the
council
prior
to
the
commencement
of this
Act,
shall
be
deemed
to
be
owned
by
the
SABS.
-
- (3)
The
registrar
of
deeds
concerned
shall
make
the
entries
or
endorsements
in
or
on
any
relevant
register,
title
deed
or
other
document in
his
office
or
submitted
to
him
which
he
may
deem
necessary
in
order
to give
effect
to
the
provisions
of
this
section,
and
no
office
fee
or
other charge
shall
be
payable
in
respect
of
any
such
entry
or
endorsement.
-
- (4)
Notwithstanding
anything
to
the
contrary
in
this
Act
or
in
any other
law contained,
all
rights
obtained
or
obligations
incurred
by
the council
prior
to
the
commencement
of
this
Act,
shall
be
deemed
to
have
been obtained
or
incurred
by
the
SABS.
-
- Objects
of
SABS
-
- 3.
The
objects
of
the
SABS
are-
-
- (a)
to
obtain
membership
of
foreign
or
international
bodies
having
any objects
similar
to
an
object
of
the
SABS;
-
- (b)
to
obtain
the
co-operation
of
State
departments,
local
authorities,
other public
bodies,
representatives
of
any
branch
of
commerce
and industry
and
other
persons;
-
- (c)
to
accredit
laboratories
and
to
administer
schemes
with
regard
to laboratories
thus
accredited
-
- (d)
to
assess
quality
systems
and
to
administer
the
certification
by such
systems
thus
assessed;
-
- (e)
to
assess
the
competence
of,
and
to
accredit,
quality
practitioners;
-
- (f)
to
test
precision
and
measuring
instruments,
gauges
and
scientific
apparatus in
order
to
determine
their
accuracy,
and
to
calibrate
-
them;
-
- (g)
to
examine,
test
or
analyse
articles,
materials
and
substances;
(h)
to
supply
reference
material
for
specific
purposes
-
(i)
to
furnish
reports
and
issue
certificates
in
connection
with
examinations,
tests,
analyses,
calibrations
and
assessments
carried out
by
the
SABS,
subject
to
the
conditions
it
may
consider
expedient;
-
- (j)
to
supply
information
and
guidance;
-
- (k)
to
compile
and
issue
recommended
practices
as
a
supplement
to
a relevant
standard;
-
- (l)
to
issue
as
a
national
standard
a
specification,
code
of
practice or
standard
method,
and
to
administer
schemes
based
thereon;
-
- (m)
to
control
the
use
of
distinctive
marks,
certification
marks,
marks of
proof
and
marks
of
authenticity;
-
- (n)
to
assist
a
person
or
State
department
in
the
preparation
and framing
of
any
document
which
embodies
characteristics
similar
to those
of
a
standard;
and
-
- (o)
to
perform,
in
so
far
as
it
is
not
repugnant
to
or
inconsistent
-
with
the
provisions
of
any
Act
of
Parliament,
such
functions
as
the
-
Minister
may
assign
to
the
SABS,
-
- so
as
to
promote
and
maintain
standardization
and
quality
regarding
commodities
and
the
rendering
of
services.
-
- Functions,
powers
and
duties
of
SABS
-
- 4.
(1)
The
functions,
powers
and
duties
of
the
SABS
shall
be
to
achieve
-
- its
objects
with
the
means
at
its
disposal,
and
for
the
purposes
of achieving
those
objects
the
SABS
may-
-
- (a)
with
the
approval
of
the
Minister,
granted
with
the
concurrence
of the
Minister
of
State
Expenditure,
purchase,
hire
or
otherwise
acquire, or
possess
or
alienate
immovable
property
and
let
or otherwise
encumber
that
property;
-
- (b)
with
the
approval
of
the
Minister,
granted
with
the
concurrence
of the
Minister
of
Finance,
raise
money
by
way
of
loans;
-
- (c)
purchase,
hire
or
otherwise
acquire,
or
possess,
movable
property, and
let,
pledge,
encumber
or
dispose
of
that
property;
-
- (d)
supply
reference
material
and
issue
directives
in
connection
with such
material;
-
- (e)
at
the
request
of
any
person,
body,
organization,
administration
or authority
and
subject
to
the
conditions
determined
by
the
SABS, conduct
examinations,
tests
or
analyses
or
cause
them
to
be
conducted in
respect
of
any
article,
material
or
substance;
-
- (f)
purchase
or
otherwise
acquire
a
sample
of
any
article
in
order
to investigate,
test
or
analyse
it,
and,
for
the
purposes
of
a
specification,
determine
the
sampling,
examination,
testing
or analysis
procedures
to
be
followed
in
order
to
assess
whether
there has
been
compliance
with
the
relevant
characteristic
requirements
or the
manner
of
manufacture
of
a
commodity;
-
- (g)
with
the
approval
of
the
Minister,
on
its
own
or
in
collaboration
with any
person,
establish
a
company
for
a
specific
purpose
which
is relevant
to
the
objects
of
the
SABS,
and
for
this
purpose
acquire
an interest
in
or
control
over
a
company
or
other
juristic
person;
-
- (h)
make
grants
to
universities,
technikons,
colleges
and
other
educational
institutions;
-
- (i)
provide
and
promote
training,
and
for
this
purpose
grant
bursaries and
study
loans;
-
- (j)
establish
and
control
facilities,
including
laboratory,
test
and training
facilities;
-
- (k)
subject
to
the
provisions
of
this
Act,
determine
and
collect
fees for
services
rendered
under
this
Act;
and
-
- (l)
in
addition
to
any
function,
power
or
duty
that
the
SABS
is
-
required
or
empowered
to
perform,
exercise
or
execute
in
terms
of
the
-
provisions
of
this
Act
or
any
other
law,
do
everything
that
is
-
conducive
-
to
the
achievement
of
its
objects
or
is
calculated,
directly
or indirectly,
to
enhance
the
value
of
or
render
profitable
the
property
-
or
-
rights
of
the
SABS.
-
- (2)
The
SABS
may
issue
to
a
person-
-
- (a)
who
manufactures
outside
the
Republic
an
article
a
consignment
of
-
- which
is
intended
for
importation
into
the
Republic;
or
-
- (b)
who
intends
to
import
a
consignment
of
an
article
manufactured
outside the
Republic,
a
certificate
in
which
it
is
declared
that such
consignment
complies
with
or
has
been
manufactured
in
accordance
with
the
requirements
determined
in
terms
of
this
Act.
-
- (3)
The
SABS
shall-
-
- (a)
subject
to
the
payment
of
the
prescribed
remuneration,
undertake
-
the
investigations
or
research
which
the
Minister
may
assign
to
it;
-
and
-
- (b)
at
the
request
of
the
Minister,
advise
the
Minister
concerning
any matter
which
is
relevant
to
the
objects
of
the
SABS.
-
- Exercise
of
powers
outside
Republic
-
- 5.
(1)
The
SABS
may
in
the
exercise
of
its
powers
and
in
order
to achieve
its
objects-
-
- (a)
enter
into
an
agreement
with; (b)
render
assistance
to;
or
-
(c)
obtain
the
co-operation
of,
a
person,
body,
organization,
administration,
authority
or
government
in
any
country
or
territory
outside the
Republic.
-
- (2)
The
Minister
may
with
the
concurrence
of
the
Minister
of
State
Expenditure
indemnify
the
SABS
against
any
losses
which
it
may
incur
consequent
upon
any
act
or
omission
of
the
person,
body,
organization,
administration,
authority
or
government
referred
to
in
subsection
(1), provided
such
act
was
performed
or
omission
was
made
with
the
approval
of or
at
the
request
of
the
Minister.
-
- Continuation
of
Council
of
South
African
Bureau
of
Standards
-
- 6.
The
Council
of
the
South
African
Bureau
of
Standards
established
by section
4
of
the
Standards
Act,
1962
(Act
No.
33
of
1962),
shall,
notwithstanding
the
repeal
by
this
Act
of
the
Standards
Act,
1982
(Act
No.
-
30
of
1982),
but
subject
to
the
conditions
of
this
Act,
continue
to
exist.
Constitution
and
functions
of
council
-
7.
(1)
(a)
The
council
shall
consist
of-
-
- (i) a
chairman
and
six
other
members
appointed
by
the
Minister;
-
and
-
- (ii) the
president,
who
shall
serve
on
the
council
by
virtue
of his
office.
-
- (b)
A
member
referred
to
in
paragraph
(a)(i)
shall
have
particular
knowledge
or
experience
of
matters
which
are
relevant
to
the
objects
of
the SABS.
-
- (2)
A
member
referred
to
in
subsection
(1)(a)(i)
shall
hold
office
for
-
- the
period
determined
by
the
Minister,
but
not
exceeding
three
years,
and shall
be
eligible
for
reappointment.
-
- (3)
A
member
referred
to
in
subsection
(1)(a)(i)
shall
vacate
his office
if-
-
- (a)
he
reaches
the
age
of
70
years;
-
- (b)
he
is
declared
insolvent
or
surrenders
his
estate
for
the
benefit of
his
creditors;
-
- (c)
he
is
found
guilty
of
an
offence
and
sentenced
to
imprisonment
without the
option
of
a
fine;
-
- (d)
he
is
absent
from
three
consecutive
meetings
of
the
council
without the
consent
of
the
chairman
unless
the
council
condones
his
absence
-
on
-
good
cause
shown;
-
- (e)
he
resigns
as
a
member;
-
- (f)
(i)
he
is
in
terms
of
the
provisions
of
the
Electoral
Act,
1979 (Act
No.
45
of
1979),
nominated
as
a
candidate
for
election
as
a
- member
-
- of
-
- of
Parliament;
or
-
- (ii)
he
is
in
terms
of
the
provisions
of
the
Republic
of
South
Africa
-
Constitution
Act,
1983
(Act
No.
110
of
1983),
nominated
as
a
member
-
- Parliament,
or
is
appointed
or
designated
as
a
member
of
the
- President's
-
Council;
or
-
- (g)
his
term
of
office
is
terminated
under
subsection
(4).
-
- (4)
The
Minister
may
at
any
time
discharge
a
member
referred
to
in subsection
(1)(a)(i)
from
office
if
he
is
of
the
opinion
that
there
are sound
reasons
for
discharging
such
member
from
office.
-
- (5)
If
a
member
dies
or
by
written
notice,
directed
to
the
Minister,
resigns
or
in
terms
of
subsection
(3)
or
(4)
ceases
to
be
a
member,
the Minister
may,
subject
to
the
provisions
of
this
section,
appoint
a
person in
his
place
for
the
unexpired
portion
of
his
term
of
office.
-
- (6)
(a)
The
president
shall
be
the
vice-chairman
of
the
council,
and shall
during
the
absence
or
incapacity
of
the
chairman
act
as
chairman.
-
(b)
If
the
president
is
unable
to
act
as
chairman
at
a
meeting
of
the council
in
terms
of
paragraph
(a),
the
members
present
shall
elect
one
of their
number
to
act
as
chairman
at
that
meeting.
-
- (7)
The
SABS
may
pay
to
a
member
referred
to
in
subsection
(1)(a)(i)
-
who
is
not
in
the
full-time
employment
of
the
State,
such
allowances
as
the Minister
may
determine
with
the
concurrence
of
the
Minister
of
State
Expenditure.
-
- (8)
The
council
shall
control
the
affairs
of
the
SABS
by-
- (a)
determining
the
direction
and
objectives
of
the
SABS;
and
-
- (b)
exercising
control
in
general
over-
-
- (i) the
performance
of
the
functions;
(ii) the
exercise
of
the
powers;
and
-
(iii) the
execution
of
the
duties,
of
the
SABS.
Meetings
of
council
-
8.
(1)
(a)
The
meetings
of
the
council
shall
be
held
at
such
times
and
-
places
as
the
council
may
determine.
-
- (b)
The
chairman,
or
in
his
absence
or
incapacity
the
president,
may
at any
time
convene
a
special
meeting
of
the
council,
which
shall
be
held
at such
time
and
place
as
the
chairman
or
the
president,
as
the
case
may
be, may
direct.
-
- (2)
The
quorum
for
a
meeting
of
the
council
shall
be
a
majority
of
its members.
-
- (3)
The
procedure
at
meetings
of
the
council,
including
the
keeping
of minutes,
shall
be
as
prescribed.
-
- (4)
A
decision
of
the
council
shall
be
taken
by
resolution
by
the majority
of
the
members
present
at
any
meeting
of
the
council,
and
in
the event
of
an
equality
of
votes
on
any
matter,
the
person
presiding
at
the meeting
concerned
shall
have
a
casting
vote
in
addition
to
his
deliberative
vote.
-
- Committees
of
council
-
- 9.
(1)
The
council
may-
-
- (a)
establish
one
or
more
committees
to
perform,
subject
to
the
instructions
of
the
council,
such
functions
of
the
council
as
the council
may
determine,
and
-
- (b)
at
any
time
dissolve
or
reconstitute
a
committee
referred
to
in paragraph
(a).
-
- (2)
The
council
may-
-
- (a)
appoint
any
person
as
a
member
of
a
committee
referred
to
in subsection
(1)(a);
or
-
- (b)
at
any
time
terminate
the
membership
of
a
person
referred
to
in paragraph
(a).
-
- (3)
If
a
committee
referred
to
in
subsection
(1)
consists
of
more
than one
member,
the
council
shall
designate
a
member
of
the
committee
as chairman
thereof.
-
- (4)
The
SABS
may
pay
to
the
members
of
a
committee
referred
to
in subsection
(1)
who
are
not
in
the
full-time
employment
of
the
State,
or
are not
members
of
the
council
or
employees
of
the
SABS,
such
remuneration
and
-
- allowances
as
the
Minister,
with
the
concurrence
of
the
Minister
of
State
-
Expenditure,
may
determine.
-
- President
of
SABS
-
10.
(1)
The
council
shall
appoint
a
chief
executive
officer
for
the -
SABS,
who
shall
occupy
the
post
of
president
of
the
SABS.
-
- (2)
The
president
shall
be
responsible
for
the
management
of
the
affairs
of
the
SABS
and
shall
report
to
the
council
on
such
affairs
as
may be
required
by
the
council.
-
- (3)
The
president
shall
be
appointed
for
a
period
not
exceeding
five years
on
the
conditions,
including
conditions
relating
to
the
payment
of remuneration,
allowances
and
other
benefits,
as
the
council
may
determine
in accordance
with
a
system
approved
by
the
Minister,
with
the
concurrence
of the
Minister
of
State
Expenditure,
as
such
system
is
amended
from
time to
time.
-
- (4)
The
president
may,
at
the
expiration
of
his
period
of
office,
be reappointed.
-
- (5)
Whenever
for
any
reason
the
president
is
absent
or
unable
to
carry out
his
duties
or
whenever
the
office
of
president
is
vacant,
the
council may,
on
such
conditions
and
subject
to
the
payment
of
such
remuneration
and allowances
as
it
may
determine,
in
accordance
with
a
system
approved
by
the Minister,
with
the
concurrence
of
the
Minister
of
State
Expenditure,
as
-
such
system
is
amended
from
time
to
time,
appoint
another
person
to
act
as president
until
the
president
can
resume
his
functions
or
until
the
vacancy is
filled,
and
that
other
person
shall,
while
so
acting,
have
all
the
-
powers
and
perform
all
the
duties
of
the
president.
-
- (6)
Any
reference
to
the
Director-General
of
the
South
African
Bureau of
Standards
in
any
law,
contract,
register,
record
or
other
document
shall,
from
the
date
of
the
commencement
of
this
Act,
be
construed
as
a reference
to
the
president.
-
- Appointment
of
staff,
and
conditions
of
service
-
- 11.
(1)
(a)
The
council
may,
subject
to
paragraph
(b)
and
on
such conditions
as
it
may
determine,
appoint
the
employees
of
the
SABS
whom
it deems
necessary
to
assist
the
SABS
in
the
performance
of
its
functions.
-
- (b)
The
SABS
shall
pay
to
its
employees
such
remuneration,
allowances,
subsidies
and
other
benefits
as
the
council
may
determine,
in
accordance
with a
system
approved
by
the
Minister,
with
the
concurrence
of
the
-
Minister
of
State
Expenditure,
as
such
system
is
amended
from
time
to
time.
-
- (2)
The
council
may
from
time
to
time,
on
such
conditions
and
against such
security
as
it
may
deem
fit-
-
- (a)
provide
collateral
security,
including
guarantees,
to
a
registered
financial
institution
in
respect
of
a
loan
granted
to
an
employee
of the
SABS
by
that
financial
institution,
to
enable
the
employee
to acquire,
improve
or
enlarge
immovable
property
for
residential
purposes;
-
(b)
build,
cause
to
be
built,
purchase
or
rent
houses,
flats,
flat -
- buildings
or
other
similar
dwelling
units
for
occupation
by employees,
and
may
sell
1
or
let
those
houses,
flats
or
dwelling
units to
employees,
or
otherwise
dispose
of,
let
or
otherwise
deal with
those
houses,
flats,
flat
buildings
or
dwelling
units;
-
- (c)
establish,
institute,
erect
or
maintain
sports
and
recreation
facilities,
social
clubs,
social
and
health
services,
car
parking
facilities,
creches
and
pre-school
centres,
restaurants,
hostels,
bursary schemes
for
purposes
of
study
or
other
similar
undertakings
or schemes
which
in
its
opinion
may
be
beneficial
to
its
employees, and
may
for
this
purpose
utilize
part
of
its
assets;
-
- (d)
establish
motor
vehicle
schemes
for
employees
of
the
SABS;
and
-
- (e)
grant
a
loan
to
an
employee-
-
- (i) for
the
purposes
of
study
by
that
employee;
-
(ii) which
may
be
used
by
that
employee
for
such
purposes
as
the council
may
determine,
provided
that
such
purposes
shall
be in
the
interest
of
the
SABS;
or
-
- (iii) for
any
other
purpose
up
to
an
amount
of
not
more
than
the monthly
salary
due
to
that
employee
after
deductions.
-
- (3)
The
council
may,
on
such
conditions
as
it
may
deem
fit,
second
an employee
temporarily
to
a
State
department,
the
government
of
another
country
or
territory,
an
institution
or
a
person
in
or
outside
the
Republic,
provided
that-
-
- (a)
such
an
employee
consents
to
such
secondment;
and
-
- (b)
such
an
employee's
rights,
privileges
and
benefits
by
virtue
of
his conditions
of
service
as
an
employee
of
the
SABS
are
not
adversely
affected by
such
secondment.
-
- Financing
-
- 12.
(1)
The
funds
of
the
SABS
shall
consist
of- (a)
money
appropriated
by
Parliament;
-
(b)
money
obtained
by
virtue
of
the
provisions
of
this
Act
or
any
other
-
law;
-
- (c)
money,
donations,
interest,
dividends,
royalties,
rent
or
contributions
received
from
any
source;
-
- (d)
money
obtained
by
the
SABS
in
terms
of
section
4(1)(b);
-
(e)
the
proceeds
from
the
sale
of
shares,
and
from
dividends
on
shares held
by
the
SABS,
in
any
company
or
other
juristic
person
referred to
in
section
4(1)(g);
and
-
- (f)
revenue
obtained
from
the
sale
of-
-
- (i) publications
prepared
by
the
SABS,
including
publications
in which
a
standard
is
contained;
-
- (ii) other
publications
which
are
relevant
to
the
objects
of
the
-
SABS;
-
- (iii) reference
material;
and
-
- (iv) any
assets
of
the
SABS. (2)
(a)
The
council-
-
(i) shall
in
each
financial
year,
at
a
time
determined
by
the Minister,
submit
a
statement
of
the
estimated
income
and
expenditure
of
the
SABS
during
the
following
financial
year, and
-
- (ii) may
at
any
time
during
a
financial
year
submit
supplementary
statements
of
the
estimated
income
and
expenditure
of
the SABS
for
that
financial
year,
to
the
Minister
for
his approval,
granted
with
the
concurrence
of
the
Minister
of State
Expenditure.
-
- (b)
The
SABS
shall
not
incur
expenses
which
may
result
in
the
total amount
approved
under
paragraph
(a)
being
exceeded.
-
- (3)
The
SABS
shall
utilize
its
funds
for
defraying
expenses
in
connection
with
the
performance
of
its
functions
and
the
exercise
of
its powers
in
accordance
with
the
statements
referred
to
in
subsection
(2)(a): Provided
that
the
SABS-
-
- (a)
may
utilize
any
amount
or
portion
of
an
amount
required
to
be
so utilized
for
a
particular
purpose
in
connection
with
a
specified
matter, for
any
other
purpose
in
connection
with
the
performance
of its
functions;
-
- (b)
may
carry
forward
any
balance
of
such
funds
remaining
at
the
end
of the
financial
year
concerned,
to
its
next
financial
year
for defraying
any
expenses
in
connection
with
the
performance
of
its functions;
and
-
- (c)
shall,
notwithstanding
the
provisions
of
paragraphs
(a)
and
(b), utilize
any
donations
or
contributions
referred
to
in
subsection
(1)(c) in:
accordance
with
the
conditions,
if
any,
imposed
by
the donor
or
contributor
concerned.
-
- (4)
The
SABS
may,
notwithstanding
the
provisions
of
subsection
(3)(b), invest
any
unexpended
portion
of
its
funds
with
a
financial
institution
approved
by
the
Minister
with
the
concurrence
of
the
Minister
of
Finance.
-
- (5)
The
SABS
may
establish
such
reserve
funds
and
deposit
therein
such amounts
as
the
Minister
with
the
concurrence
of
the
Minister
of
State
Expenditure
may
approve:
Provided
that
the
particulars
of
the
reserve
funds shall
be
reflected
in
the
annual
report.
-
- Accounting
officer
-
- 13.
(1)
In
addition
to
the
other
functions
and
duties
entrusted
to
him by
this
Act,
the
president
shall
be
the
accounting
officer
charged
with
the
responsibility
of
accounting
for
all
money
received,
the
utilization
-
- thereof
and
the
use
and
care
of
the
property
of
the
SABS.
-
- (2)
The
accounting
officer
shall
cause
such
records
of
account
to
be kept
as
are
necessary
to
represent
fairly
the
state
of
affairs
and
business of
the
SABS
and
to
explain
the
transactions
and
financial
position
of
the business
of
the
SABS.
-
- Auditing
and
annual
report
-
- 14.
(1)
The
Auditor-General
shall
audit
the
books
of
accounts,
accounting
statements
and
annual
financial
statements
of
the
SABS.
-
- (2)
The
council
shall-
-
- (a)
furnish
to
the
Minister
such
information
as
he
may
call
for
from time
to
time
in
connection
with
the
activities
and
financial
circumstances
of
the
SABS;
and
-
- (b)
as
soon
as
practicable
after
the
end
of
each
financial
year
submit
-
to
the
Minister
an
annual
report
on
the
affairs
and
functions
of
the
-
SABS
in
respect
of
that
financial
year
which
shall,
inter
alia, include
a
statement
of
income
and
expenditure
and
a
balance
sheet certified
by
the
Auditor-General
and
such
further
particulars
as
the Minister
may
require.
-
- (3)
The
Minister
shall
table
the
annual
report
referred
to
in subsection
(2)
(b)
in
Parliament-
-
- (a)
within
14
days
after
receipt
thereof,
if
Parliament
is
in
ordinary
session; or
-
- (b)
if
Parliament
is
not
in
ordinary
session,
within
14
days
of
the
commencement
of
its
next
ensuing
ordinary
session.
-
- Recovery
of
loss
and
damage
-
- 15.
(1)
If
the
accounting
officer
is
convinced
that
a
person
who
is
or was
in
the
employment
of
the
SABS
has
caused
the
SABS
any
loss
or
damage because
he-
-
- (a)
failed
to
collect
money
due
to
the
SABS
and
for
the
collection
of which
he
is
or
was
responsible;
-
- (b)
is
or
was
responsible
for
an
irregular
payment
of
money
of
the
SABS
-
or
for
a
payment
of
such
money
not
supported
by
a
proper
voucher;
-
- (c)
is
or
was
responsible
for
a
deficiency
in,
the
destruction
of
or damage
to
money,
stamps,
face
value
documents
and
forms
of
the
SABS having
a
potential
value,
securities,
equipment,
stores
or
other property
of
the
SABS
-
- (d)
is
or
was
responsible
for
a
claim
against
the
SABS,
or
the fruitless
expenditure
of
money
of
the
SABS
due
to
an
omission
to carry
out
his
duties
or
due
to
exceeding
his
powers,
-
- the
accounting
officer
shall
determine
the
amount
of
such
loss
or
damage, and
may
order
that
person,
by
notice
in
writing,
to
pay
to
the
SABS,
-
within
-
- 30
days
from
the
date
of
such
notice,
the
whole
or
any
part
of
the amount
so
determined.
-
- (2)
If
a
person
who
is
in
the
employment
of
the
SABS
and
who
has
in terms
of
subsection
(1)
been
ordered
to
pay
an
amount,
fails
to
pay
the amount
within
the
period
stipulated
in
the
notice
concerned,
the
amount shall,
subject
to
the
provisions
of
subsections
(4)
and
(5),
be
recovered
from his
monthly
salary:
Provided
that
such
deduction
shall
not
in
any month
exceed
a
fourth
of
his
monthly
salary.
-
- (3)
(a)
If
a
person
who
was
in
the
employment
of
the
SABS
and
who
has in
terms
of
subsection
(1)
been
ordered
to
pay
an
amount,
fails
to
pay
the amount
within
the
period
stipulated
in
the
notice
concerned,
the
accounting
officer
may,
subject
to
the
provisions
of
paragraph
(b)
and
subsections
(4) and
(5),
recover
the
amount
from
the
person
concerned
by
legal
process.
-
- (b)
If
any
money
is
due
by
the
SABS
to
a
person
referred
to
in paragraph
(a),
the
amount
referred
to
in
that
paragraph
shall,
subject
to the
provisions
of
subsections
(4)
and
(5),
be
deducted
from
the
amount
thus due.
-
- (4)
If
a
person
who
has
in
terms
of
subsection
(1)
been
ordered
to
pay an
amount,
offers,
within
the
period
stipulated
in
the
notice
concerned,
to pay
the
amount
in
instalments,
the
accounting
officer
may
allow
him
to
pay in
such
instalments
and
on
such
conditions
as
the
accounting
officer
may consider
reasonable.
-
- (5)
A
person
who
has
in
terms
of
subsection
(1)
been
ordered
to
pay
an amount,
may-
-
- (a)
within
a
period
of
30
days
from
the
date
of
such
order
appeal
in writing
against
such
order
to
the
council,
stating
the
grounds
for his
appeal,
and
the
council
may,
after
such
investigation
as
it
may deem
necessary,
dismiss
the
appeal,
or
order
that
the
appellant
be exempted,
either
wholly
or
partly,
as
the
council
may
deem
fair
and reasonable,
from
the
payment
of
such
amount,
or
-
- (b)
apply
within
a
period
of
30
days
from
the
date
of
such
order,
or within
such
further
period
as
the
court
may
allow,
to
a
competent
court for
an
order
setting
aside
such
first-mentioned
order
or reducing
such
amount
and
the
court
may
upon
such
an
application,
if it
is
not
convinced
by
the
accounting
officer
on
the
merits
of
the case
that
the
order
was
rightly
made
or
that
the
amount
is
correct, make
an
order
setting
aside
such
first-mentioned
order
or
reducing that
amount,
as
the
case
may
be.
-
- Standards
-
- 16.
(1)
The
council
shall
publish
by
notice
in
the
Gazette
the
norm which
the
SABS
uses
to
set
or
amend
a
standard.
-
- (2)
The
SABS
shall
as
far
as
possible
ensure
that
in
the
setting
or amendment
of
a
standard-
-
- (a)
the
norm
referred
to
in
subsection
(1)
is
maintained;
(b)
the
latest
technological
development
is
considered;
and
-
- (c)
the
interests
of
all
parties
concerned,
including
the
manufacturer,
supplier and
consumer,
are
considered.
-
- (3)
(a)
The
SABS
may-
-
- (i) set
and
issue
as
a
standard
a
specification,
code
of
practice or
standard
method;
-
- (ii) amend
a
set
standard;
or
-
- (iii) withdraw
a
set
standard.
-
- (b)
A
standard
may
be
set
merely
by
referring
to
a
provision
which occurs-
-
- (i) in
any
other
standard
set
by
the
SABS;
or
-
- (ii) in
a
document
in
the
nature
of
a
specification,
code
of practice
or
standard
method
issued
by
a
foreign
or
international
body
having
objects
similar
to
any
object
of the
SABS
and
which
it
deems
fit
to
issue
as
a
standard
for the
purposes
of
this
Act.
-
- (4)
(a)
The
council
may
in
any
manner
make
known
the
setting
and
issue of
a
standard,
and
any
amendment
or
withdrawal
thereof.
-
- (b)
If
a
standard
or
an
amendment
thereof
is
made
known
in
terms
of paragraph
(a)
by
notice
in
the
Gazette,
it
shall
be
sufficient
if
the notice
concerned-
-
- (i) states
the
title
and
number
of
the
standard;
and
-
- (ii) contains
a
resume
of
the
scope
and
purport
of
that
standard or
the
amendment
thereof.
-
- (5)
(a)
Subject
to
the
provisions
of
the
Agricultural
Product
Standards
-
Act,
1990
(Act
No.
119
of
1990),
or
the
Liquor
Products
Act,
1989
(Act
No.
-
60
of
1989),
no
person
shall
issue
a
document
which
creates
or
may
create
-
the
impression
that
it
contains
a
standard
as
contemplated
in
this
Act,
-
unless
it
is
issued
in
terms
of
this
Act.
-
- (b)
If
the
Agricultural
Product
Standards
Act,
1990,
or
the
Liquor
Products
Act,
1989,
applies
to
a
commodity,
a
standard
in
respect
of
such commodity
shall
only
be
set
or
amended
in
accordance
with
the
terms
and conditions
of
an
agreement
entered
into
by
the
council
and
the
-
Director-General:
Agriculture.
-
- (6)
The
control
over
the
use
or
application
of
codes
of
practice
or
any category
of
codes
of
practice
which
have
been
set
and
issued
as
a
standard shall
be
as
prescribed.
-
- (7)
The
SABS
may
levy
fees-
-
- (a)
in
respect
of
the
setting
and
issue
of
a
standard;
-
- (b)
in
respect
of
services
rendered
in
connection
with
the
control
over the
use
or
application
of
codes
of
practice
or
any
category
of
codes of
practice
which
have
been
set
and
issued
as
a
standard;
and
-
- (c)
in
regard
to
the
participation
in
any
scheme
operated
by
the
SABS.
-
- (8)
At
the
commencement
of
this
Act
a
specification
referred
to
in section
13,
a
code
of
practice
referred
to
in
section
18,
a
standard
method referred
to
in
section
19
or
a
document
referred
to
in
section
19(4)
of
the Standards
Act,
1982
(Act
No.
30
of
1982),
which
is
in
force
in
terms
of
the provisions
of
that
Act,
shall
be
deemed
to
be
a
standard
which
has
been
set and
issued
in
terms
of
the
provisions
of
this
Act.
-
- (9)
If
a
provision
referred
to
in
subsection
(3)(b)
is
amended
any reference
to
that
provision
shall
be
construed
as
a
reference
to
the provision
as
amended.
-
- Copyright
in
standards
and
publications
-
- 17.
(1)
Notwithstanding
the
provisions
in
any
other
law
contained-
-
- (a)
the
copyright
in
a
standard
or
a
publication
issued
by
the
council shall
vest
in
the
SABS;
and
-
- (b)
the
SABS
shall
not
be
deprived
of
the
copyright
referred
to
in paragraph
(a)
if
a
standard,
or
a
provision
of
such
standard,
or
any publication
issued
by
the
SABS,
is
incorporated
in
a
law
in
terms
of section
31(1)(a)
or
the
provisions
of
any
other
law.
-
- (2)
No
person
shall,
without
the
authorization
of
the
SABS,
in
any manner
or
in
any
form
publish,
reproduce
or
record
any
document
or
part thereof
in
respect
of
which
the
copyright
vests
in
the
SABS
in
terms
of subsection
(1):
Provided
that
any
person
may
at
any
time
make
a
copy
of such
document
or
part
thereof
for
his
own
use.
-
- Establishment
of
marks
-
- 18.
(1)
The
Minister
may,
subject
to
the
provisions
of
subsection
(2) and
on
the
recommendation
of
the
council,
by
notice
in
the
Gazette
establish,
alter
or
abolish-
-
- (a)
certification
marks; (b)
marks
of
proof;
-
(c)
marks
of
authenticity;
and
-
- (d)
distinctive
marks.
-
- (2)
A
mark
shall
not
be
established
as
a
mark
in
terms
of
subsection
(1) if
such
mark
is
registered
as
a
trade
mark
in
terms
of
the
provisions
of any
law
with
regard
to
the
registration
of
trade
marks
or
so
closely
resembles
such
a
mark
as
to
be
likely
to
be
mistaken
for
it.
-
- (3)
A
mark
which
has
been
established
as
a
mark
in
terms
of
subsection
(1) or
so
closely
resembles
such
a
mark
as
to
be
likely
to
be
mistaken
for it,
shall
not
be
registered
as
a
trade
mark
under
any
law
with
regard
to the
registration
of
trade
marks.
-
- (4)
A
mark
which
has
been
established
in
terms
of
subsection
(1)
shall be
deemed
to
be
a
mark
the
use
of
which
is
absolutely
prohibited
in
terms
-
- of
section
15(1)
of
the
Merchandise
Marks
Act,
1941
(Act
No.
17
of
1941), except
by
the
SABS
or
its
mandatories.
-
- (5)
At
the
commencement
of
this
Act
a
standardization
mark
referred
to in
section
14(1)
of
the
Standards
Act,
1982
(Act
No.
30
of
1982),
which
is in
force
in
terms
of
the
provisions
of
that
Act,
shall
be
deemed
to
be
a certification
mark.
-
- Mark
specification
-
19.
(1)
(a)
The
council
may,
subject
to
the
provisions
of
section -
20(1),
by
notice
in
the
Gazette
determine
that
a
certification
mark
may
be
-
applied
to
a
commodity
falling
within
the
scope
of
a
specific
specification
-
which
has
been
set
and
issued
as
a
standard.
-
- (b)
The
notice
referred
to
in
paragraph
(a)
shall
contain
a
resume
of the
scope
and
purport
of
the
specification
concerned.
-
- (2)
(a)
Upon
the
publication
in
the
Gazette
of
a
notice
referred
to
in subsection
(1)(a),
the
specification
concerned
shall
become
a
mark
specification.
-
- (b)
If
a
specification
which
has
been
set
and
issued
as
a
standard,
is amended
in
terms
of
section
16(3)(a)(ii),
the
specification
concerned
as amended
shall,
for
the
purposes
of
subsection
(1)(a),
be
deemed
to
be
the mark
specification.
-
- (3)
At
the
commencement
of
this
Act
a
standard
specification
referred to
in
section
15(1)
of
the
Standards
Act,
1982
(Act
No.
30
of
1982),
which is
in
force
in
terms
of
the
provisions
of
that
Act,
shall
be
deemed
to
be
a mark
specification.
-
- Application
of
certification
mark
-
- 20.
(1)
(a)
A
certification
mark
shall
only
be
applied
or
used
in
a manner
authorized
by
this
Act.
-
- (b)
No
person
shall
apply
a
certification
mark
to
a
commodity
except under
a
mark
permit
issued
in
terms
of
section
25
and
unless
that
commodity
complies
with
or
has
been
manufactured
in
accordance
with
the
relevant
mark
specification.
-
- (2)
For
the
purposes
of
this
section
a
person
shall
be
deemed
to
have applied
a
certification
mark
to
a
commodity
if
he
has-
-
- (a)
applied
that
certification
mark
to
any
container
or
covering
of
the commodity
concerned
or
to
any
label
attached
to
the
said
commodity or
to
any
container
or
covering
thereof;
-
- (b)
placed
or
enclosed
the
commodity
concerned
in
any
container
or covering
to
which
that
certification
mark
has
been
applied
or
to which
is
attached
any
label
to
which
the
said
certification
mark
has been
applied;
or
-
- (c)
in
connection
with
the
sale
of
the
commodity
concerned,
directly
or indirectly
referred
to
that
certification
mark
in
a
manner
or
under
circumstances
likely
to
convey
the
impression
that
the
said
commodity
complies
with
or
has
been
manufactured
in
accordance
with
-
- the
relevant
mark
specification.
-
- (3)
(a)
lf
a
certification
mark
is
altered
in
terms
of
section
18(1), the
SABS
may
authorize
the
continued
use
of
that
certification
mark
as
it existed
prior
to
the
alteration
thereof
on
such
conditions,
including
conditions
regarding
the
withdrawal
of
the
authorization,
as
it
may
deem expedient
in
the
particular
instance.
-
- (b)
A
certification
mark
referred
to
in
paragraph
(a)
shall,
during
the period
of
the
continued
use
thereof,
be
deemed
to
be
a
certification
mark which
has
not
been
so
altered
by
the
Minister.
-
(4)
(a)
The
SABS
may- -
- (i) subject
to
the
conditions
it
deems
necessary,
grant
permission
to
a
person
entitled
under
a
mark
permit
to
apply a
certification
mark
to
a
commodity,
to
apply
to
the
commodity
concerned
a
code
mark
approved
I
by
the
SABS
in lieu
of
that
certification
mark;
and
-
- (ii) for
the
purpose
of
the
application
of
a
code
mark
referred
to in
subparagraph
(i),
suspend
or
amend
any
condition
to
which the
issue
of
the
said
mark
permit
is
subject.
-
- (b)
The
code
mark
referred
to
in
paragraph
(a)(i)
shall
be
deemed
to
be a
certification
mark.
-
- Limitations
on
certain
claims
-
- 21.
(1)
No
person
shall
in
connection
with
the
sale
of
a
commodity
refer directly
or
indirectly
to
the
SABS
or
the
council
in
a
manner
or
-
under
circumstances
likely
to
create
the
impression
that
such
commodity
has been
approved
by
the
SABS
or
the
council,
unless
such
commodity
complies
with or
has
been
manufactured
in
accordance
with
a
mark
specification
and such
person
has
under
a
mark
permit
applied
the
relevant
certification
mark to
such
commodity.
-
- (2)
No
person
shall
claim
or
declare
that
he
or
any
other
person
complied
with
a
standard
unless-
-
- (a)
such
claim
or
declaration
is
true
and
accurate
in
all
material
respects; and
-
- (b)
the
identity
of
that
person
or
of
the
person
on
whose
authority
such claim
or
declaration
is
made,
is
clear.
-
- (3)
The
SABS
may
in
connection
with
any
claim
or
declaration
referred
to in
subsection
(2)
evaluate,
examine,
test
or
analyse
any
article
to confirm
the
truthfulness
or
accuracy
of
such
claim
or
declaration
and,
in the
event
of
its
proving
false
or
inaccurate,
the
person
by
whom
the
claim or
declaration
was
made,
shall
be
liable
for
the
payment
of
the
full
cost incurred
by
the
SABS
in
regard
to
such
evaluation,
examination?
test
or analysis.
-
- (4)
The
provisions
of
subsection
(3)
shall
not
be
construed
as preventing
any
person
from
evaluating,
examining,
testing
or
analysing
any article
in
order
to
determine
whether
any
claim
or
declaration
referred
to in
subsection
(2)
is
true
and
accurate.
-
- (5)
Notwithstanding
the
provisions
of
subsection
(1)-
-
- (a)
a
trader
may
advertise
or
otherwise
make
known
the
fact
that
a certification
mark
has
been
applied
to
a
commodity
sold
by
him provided
that
he
mentions
or
displays
the
trade
name
or
trade
mark of
that
commodity
at
the
same
time
in
the
advertisement
or notification
concerned;
-
- (b)
any
person
required
to
make
a
statement
in
a
contract,
tender,
quotation or
other
similar
document
as
to
the
question
whether
any commodity
offered
or
supplied
by
him
complies
with
or
has
been
manufactured
in
accordance
with
a
particular
mark
specification,
may make
such
a
statement,
but
only
if
such
statement
is
correct
and
he confirms
that
statement
in
an
affidavit
or
affirmation;
and
-
- (c)
any
person
may
advertise
or
otherwise
make
known
the
fact
that
he has
used
a
commodity
to
which
a
certification
mark
has
been
applied in
an
installation
or
in
a
process
of
manufacture,
provided
that
he mentions
or
displays
the
trade
name
or
trade
mark
of
that
commodity at
the
same
time
in
the
advertisement
or
notification
concerned.
-
- Compulsory
specifications
-
- 22.
(1)
(a)
The
Minister
may,
subject
to
the
provisions
of
subsections
(3)(a) and
(5)
and
after
the
expiry
of
the
period
referred
to
in
subsection
(3)(b),
on
the
recommendation
of
the
council
and
to
promote
and
maintain
standardization
and
quality
if
safety,
health,
consumer
protection
or
the environment
is
concerned,
by
notice
in
the
Gazette-
-
- (i) declare
a
specification
which
has
been
set
and
issued
as
a standard
or
a
provision
of
such
specification,
to
be
a compulsory
specification;
-
- (ii) amend
a
compulsory
specification;
or
-
- (iii) withdraw
a
compulsory
specification.
-
- (b)
The
notice
referred
to
in
subsections
(1)(a)(i)
and
(ii)
shall contain
full
particulars
of
such
specification,
provision
or
amendment.
-
- (2)
(a)
A
declaration
referred
to
in
subsection
(1)(a)(i)
or
an
amendment
referred
to
in
subsection
(1)(a)(ii)
shall
come
into
operation
on a
date
fixed
in
the
notice,
which
date
shall
be
not
less
than
two
months after
the
date
of
the
publication
of
such
notice.
-
- (b)
Different
dates
may
be
fixed
in
terms
of
paragraph
(a)
on
which different
provisions
of
a
compulsory
specification
shall
come
into
operation.
-
- (c)
The
Minister
may
alter
a
date
referred
to
in
paragraph
(a)
or
(b)
-
by
notice
in
the
Gazette.
-
- (3)
If
the
Minister
intends
to
publish
a
notice
under
subsection
-
(1)(a)(i)
or
(ii),
he
shall
publish
in
the
Gazette
a
preliminary
notice-
-
- (a)
in
which
full
particulars
are
set
out
of
the
specification
or
the provision
of
the
specification
he
intends
to
declare
to
be
a
-
- compulsory
specification,
or
of
the
amendment
of
a
compulsory
specification;
and
-
- (b)
in
which
all
interested
persons
are
invited
to
lodge
objections
to the
proposed
notice
he
intends
to
publish,
or
any
part
thereof,
in writing
at
a
stated
address
and
before
a
stated
date,
which
shall
be not
less
than
two
months
after
the
date
of
the
publication
of
such
preliminary
notice.
-
- (4)
The
Minister
shall
consult
with
the
Minister
to
whom
the
administration
of
any
other
law
has
been
assigned
if
that
law,
or
the regulations
promulgated
thereunder,
lays
down
or
may
lay
down
requirements
in respect
of
a
commodity
or
the
manufacture
thereof
which
is
the
subject of
a
preliminary
notice
referred
to
in
subsection
(3)(a).
-
(5)
The
Minister
shall
not
publish
a
notice
referred
to
in
subsection
(1)(a)(i)
or
(ii)
if
in
his
opinion
such
a
notice
differs
materially
from the
preliminary
notice
concerned.
-
- (6)
The
Minister
may
by
notice
in
the
Gazette-
-
- (a)
determine
that
a
commodity
that
complies
with
a
compulsory
specification
shall
be
marked
in
the
prescribed
manner
with
an appropriate
distinctive
mark;
-
- (b)
determine
the
requirements
regarding
the
marking
of
a
commodity
in accordance
with
its
origin,
batch,
date
of
manufacture,
characteristics
or
other
particulars
of
a
commodity
falling
within the
scope
of
a
compulsory
specification
and
which
a
manufacturer
or importer
shall
indicate
on
that
commodity;
-
- (c)
amend
a
requirement
referred
to
in
paragraph
(b);
and
-
- (d)
withdraw
a
notice
referred
to
in
paragraph
(a),
(b)
or
(c).
-
- (7)
(a)
At
the
commencement
of
this
Act
a
compulsory
specification
referred
to
in
section
16(1)(a)
of
the
Standards
Act,
1982
(Act
No.
30
of
-
1982),
which
is
in
force
in
terms
of
the
provisions
of
that
Act,
shall
be deemed
to
be
a
compulsory
specification
for
the
purposes
of
this
Act.
-
- (b)
At
the
commencement
of
this
Act
a
requirement
referred
to
in section
16(1)(c)
of
the
Standards
Act,
1982,
which
is
in
force
in
terms
of the
provisions
of
that
Act,
shall
be
deemed
to
be
a
requirement
determined
under subsection
(6)(b)
-
- (8)
The
Minister
may,
in
order
to
give
effect
to
the
provisions
of subsections
(1)(a)
and
(6),
publish
only
one
notice
in
the
Gazette.
-
- Effect
of
declaration
as
compulsory
specification
and
application
of distinctive
mark
-
- 23.
(1)
(a)
No
person
shall
sell
a
commodity
to
which
a
compulsory
specification
applies,
unless-
-
- (i) such
a
commodity
complies
with
or
has
been
manufactured
in accordance
with
the
compulsory
specification
concerned;
and
-
- (ii) if
applicable,
the
distinctive
mark
referred
to
in
section
-
- 22(6)(a)
has
been
applied
to
the
commodity
concerned
in
the prescribed
manner
as
set
out
in
the
notice
concerned,
and such
commodity
has
been
marked
in
accordance
with
the
requirements
referred
to
in
section
22(6)(b).
-
- (b)
The
provisions
of
section
20(2)
shall
mutatis
mutandis
apply
to
the application
of
a
distinctive
mark
to
a
commodity.
-
- (c)
The
SABS
may
issue
a
sales
permit
exempting
the
person
to
whom
it has
been
issued
from
the
provisions
of
paragraph
(a).
-
- (2)
The
prescribed
records
shall
be
kept
by
the
seller,
manufacturer
or importer
in
respect
of
sales,
or
quantities
manufactured
or
imported,
of
a commodity
to
which
a
compulsory
specification
applies.
-
- (3)
The
prescribed
fees
shall
be
payable
to
the
SABS
by
a
manufacturer
or importer
of
a
commodity
to
which
a
compulsory
specification
applies.
-
- (4)
A
commodity
to
which
a
compulsory
specification
applies
and
which is
manufactured
outside
the
Republic
shall
be
deemed
to
comply
with
the provisions
of
subsection
(1)(a)
if
that
commodity
has
been
certified
by
a person
or
organization
recognized
by
the
Minister
by
notice
in
the
Gazette:
Provided
that
if
the
Minister
so
directs,
such
a
commodity
shall
be
tested or
examined
and
if
it
is
found
that
that
commodity
does
not
comply
with
the provisions
of
subsection
(1)(a)(i),
it
may
be
dealt
with
in
terms
of
-
section
24(3).
-
- Non-compliance
with
compulsory
specification
-
- 24.
(1)
If
the
president
upon
reasonable
grounds
suspects
that
a commodity,
excluding
a
commodity
referred
to
in
section
23(4),
or
a consignment
or
batch
thereof
does
not
comply
with
or
has
not
been
manufactured
in
accordance
with
the
compulsory
specification
that
applies to
it,
he
may
direct
a
person
in
whose
possession
or
under
whose
control that
commodity,
consignment
or
batch
is,
to
keep
it
in
his
possession
or under
his
control,
at
or
upon
premises
mentioned
in
the
directive,
until the
said
directive
is
withdrawn
by
the
president
in
writing.
-
- (2)
(a)
If
a
certificate
referred
to
in
section
4(2)
has
not
been issued
in
respect
of
a
consignment
of
a
commodity
to
which
a
compulsory
specification
applies
and
which
has
been
imported
into
the
Republic,
the Commissioner
of
Customs
and
Excise
may,
subject
to
the
provisions
of paragraph
(b),
cause
that
consignment
to
be
secured
at
the
request
of
the president
until
the
president
withdraws
his
request.
-
- (b)
For
the
purposes
of
paragraph
(a)
the
provisions
of
the
Customs
and
-
Excise
Act,
1964
(Act
No.
91
of
1964),
with
regard
to
the
securing
of
-
goods,
shall
mutates
mutandis
apply.
-
- (3)
If
it
is
found
by
the
SABS,
or
as
a
result
of
a
test
or
examination
referred
to
in
section
23(4),
as
the
case
may
be,
that
a
commodity
referred to
in
subsection
(1)
or
(2)
does
not
comply
with
the
compulsory
specification
concerned,
the
Minister
may
direct
in
writing
that-
-
- (a)
an
importer
of
the
consignment
concerned
of
the
said
commodity
return it
to
the
country
of
origin;
-
- (b)
the
consignment
or
batch
concerned
of
the
said
commodity
be
-
- confiscated
and
destroyed;
or
-
- (c)
the
consignment
or
batch
concerned
of
the
said
commodity
be
dealt with
in
such
other
manner
as
may
be
stated
in
the
directive.
-
- Permits
-
25.
(1)
An
application
for
a
mark
permit
or
a
sales
permit
shall
be made
to
the
SABS
and
shall
be
accompanied
by
the
fees
determined
by
the SABS.
-
- (2)
The
SABS
may-
-
- (a)
issue
a
mark
permit
or
sales
permit
for
an
indefinite
period
or
for a
fixed
period
subject
to
such
conditions
as
it
may
deem
necessary;
-
- (b)
withdraw
or,
subject
to
such
conditions
as
it
may
deem
necessary,
suspend a
permit
referred
to
in
paragraph
(a),
or
terminate
the suspension
of
such
permit.
-
- (3)
The
holder
of
a
permit
which
has
been
withdrawn
in
terms
of subsection
(2)(b),
or
which
has
expired
due
to
effluxion
of
time
or
any other
cause,
shall,
at
the
written
request
of
the
SABS,
forthwith
return that
permit
to
the
SABS.
-
- Right
to
appeal
to
Minister
-
- 26.
(1)
(a)
Any
person
who
feels
himself
aggrieved
by
a
decision
of
the
-
SABS
to
refuse
to
issue
to
him
a
permit
mentioned
in
section
25(2)(a),
or
-
to
withdraw
or
suspend
any
of
those
permits
issued
to
him,
may
appeal
to the
Minister
in
the
prescribed
manner
and
within
the
prescribed
period.
-
- (b)
The
Minister
shall
in
the
case
of
an
appeal
in
terms
of
paragraph
-
(a),
confirm,
amend
or
set
aside
the
decision
of
the
SABS.
-
- (2)
A
decision
of
the
SABS
in
terms
of
section
25(2)(b)
to
withdraw
or suspend
a
permit,
shall
not
be
suspended
and
shall
not
lapse
by
reason
of an
appeal
in
terms
of
subsection
(1)
by
such
person
against
that
decision.
-
- Marks
of
proof
and
marks
of
authenticity
-
- 27.
(1)
The
application
by
a
person
authorized
thereto
by
regulation
of a
mark
of
proof
or
mark
of
authenticity
to
an
article
in
accordance
with
-
its
characteristics,
including
its
nature,
quality,
strength,
purity,
composition,
quantity,
dimensions,
mass,
grade,
durability,
origin
or
age, whichever
may
be
applicable,
or
the
material
or
substance
from
or
with which
or
the
manner
in
which
it
has
been
manufactured,
shall
be
as
prescribed.
-
- (2)
No
person
shall
sell
or
otherwise
alienate
any
article
on
which
a mark
of
proof
or
a
mark
of
authenticity
may
be
applied
in
terms
of
subsection
(1),
unless
that
mark
has
been
applied
to
the
article
by
the SABS
or
a
person
authorized
thereto
in
writing
by
the
SABS.
-
- (3)
The
SABS
may
levy
fees
for
the
application
to
an
article
of
a
mark of
proof
or
a
mark
of
authenticity
by
or
on
behalf
of
the
SABS.
-
- Inspectors
and
auditors
-
- 28.
(1)
(a)
The
council
may
in
general
or
for
a
specific
purpose-
-
- (i) appoint
a
suitably
qualified
employee
as
an
inspector;
or
-
- (ii) appoint
a
person,
institution
or
organization
as
an
auditor for
the
purposes
of
this
Act.
-
- (b)
The
council
may
withdraw
an
appointment
referred
to
in
paragraph
-
(a).
-
- (c)
An
inspector
or
auditor
shall
be
furnished
with
a
certificate
stating
that
he
has
been
appointed
in
general
or
for
a
specific
purpose
as an
inspector
or
auditor,
as
the
case
may
be,
for
the
purposes
of
this
Act.
-
- (d)
The
certificate
referred
to
in
paragraph
(c)
shall
be
signed
by
the president.
-
- (e)
The
council
may
pay
to
an
auditor
the
compensation
agreed
upon
by the
council
and
the
auditor
concerned.
-
- (2)
An
inspector
or
auditor
may,
subject
to
the
provisions
of
his appointment,
for
the
purposes
of
this
Act-
-
- (a)
at
any
time
during
working
hours
and
without
prior
notice
enter
any premises
in
or
upon
which-
-
- (i) there
is
an
article
in
respect
of
which
a
compulsory
specification
certification
mark,
mark
of
proof
or
mark
of
authenticity
is
in
force,
-
- (ii) a
manufacturing
process
or
action
in
accordance
with
a provision
of
a
standard
is
executed
or
is
suspected
to
be executed
-
- (iii) there
is
or
was
an
article
in
respect
of
which
the
-
impression
has
been
created
that
it
complies
with
or
has
been
-
manufactured
in
accordance
with
a
mark
specification
or
a
-
compulsory
specification,
while
such
article
in
the
opinion
-
of
the
SABS
does
not
comply
with
or
has
not
been
manufactured
-
in
accordance
with
such
mark
specification
or
compulsory
specification;
-
- (iv) the
records
with
regard
to
the
manufacture
or
sale
of
an article
referred
to
in
subparagraph
(i),
(ii)
or
(iii)
are kept;
-
- (b)
examine
and
take
samples
of
an
article
referred
to
in
paragraph
(a)(i) or
any
component,
material
or
substance
in
or
upon
the premises
concerned
used
or
suspected
to
be
intended
for
use
in
the manufacture
c
of
such
an
article,
and
open
and
examine
any
package or
container
in
or
upon
those
premises
which
contains
or
is suspected
to
contain
such
an
article
or
such
a
component,
material or
substance;
-
- (c)
examine
any
operation
or
process
carried
on
in
or
upon
the
premises
referred to
in
paragraph
(a)
in
connection
with
the
manufacture
of any
article,
if
a
compulsory
specification,
certification
mark,
-
- mark
of
proof
or
mark
of
authenticity
is
in
force
for
or
with
regard to
such
manufacture;
-
- (d)
at
any
time
demand
from
any
person
that
he
there
and
then
or
at
a time
and
place
fixed
by
the
said
inspector
or
auditor
produce
to
him any
book,
notice,
record,
list
or
other
document
which
is
in
the possession
or
1
custody
or
under
the
control
of
that
person
or
any other
person
on
his
behalf;
-
- (e)
examine
a
book,
notice,
record,
list
or
other
document
referred
to in
paragraph
(d)
and
make
copies
thereof
or
extracts
therefrom
or request
that
they
be
made,
if
it
relates
to
an
article
referred
to in
paragraph
(a)(i)
2
or
to
a
permit
referred
to
in
section
25(2), and
require
from
a
person
referred
to
in
paragraph
(d)
an explanation
of
any
record
or
entry
therein,
and
seize
such
a
book, notice,
record,
list
or
other
document
if
in
his
opinion
it
may afford
evidence
of
any
offence
in
terms
of
this
Act;
-
- (f)
with
regard
to
any
matter
which
he
is
investigating,
question
any person
whom
he
finds
in
or
upon
the
premises
referred
to
in paragraph
(a)
or
whom
he
on
reasonable
grounds
suspects
to
be
or
to
-
have
been
employed
in
or
upon
such
premises
or
to
have
possession
or custody
of
or
control
over
anything
referred
to
in
this
subsection;
and
-
- (g)
order
a
person
referred
to
in
paragraph
(d)
or
(f)
to
appear
before him
at
a
time
and
place
fixed
by
him,
and
at
that
time
and
place question
that
person
with
regard
to
any
matter
which
is
being
investigated
by
him.
-
- (3)
An
inspector
or
auditor
entering
any
premises
referred
to
in subsection
(2)(a)
may
take
an
interpreter
with
him.
-
- (4)
Any
person
who
is
in
charge
of
premises
referred
to
in
subsection
-
(2)
shall
at
all
reasonable
times
furnish
such
assistance
as
an
inspector
-
or
auditor
may
require
in
the
exercise
of
his
powers
under
that
subsection.
-
- (5)
An
inspector
or
auditor
exercising
a
power
assigned
to
him
by subsection
(2)
shall
on
demand
of
any
person
affected
by
the
exercise
of that
power,
produce
the
certificate
referred
to
in
subsection
(1)(c)
to that
person.
-
- (6)
An
auditor
may
check
any
relevant
document
of
a
manufacturer
or importer
of
a
commodity
in
respect
of
which
a
compulsory
specification
is in
force
to
determine
whether
that
manufacturer
or
importer
has
paid
the prescribed
fees
referred
to
in
section
23(3).
-
- Samples
and
information
-
- 29.
(1)
Notwithstanding
anything
to
the
contrary
in
this
Act
contained, any
person
who-
-
- (a)
manufactures
any
commodity
and
is
entitled
under
a
mark
permit
to apply
a
certification
mark
to
such
a
commodity;
-
- (b)
manufactures
or
sells
any
commodity
for
which
or
the
manufacture
of which
a
compulsory
specification
is
in
force;
-
- (c)
manufactures
or
sells
any
article
in
respect
of
which
a
mark
of proof
or
mark
of
authenticity
is
in
force;
or
-
- (d)
performs
an
act
or
carries
out
a
process
in
which
a
commodity
referred to
in
paragraph
(a),
(b)
or
(c)
is
involved,
-
- shall
at
the
written
request
of
the
SABS,
within
a
period
stated
in
the request,
at
his
own
cost-
-
- (i) transmit
to
the
SABS
such
samples
as
may
be
specified
in the
request,
of
the
article
concerned
for
examination,
testing
or
analysis;
or
-
- (ii) furnish
to
the
SABS
such
information
as
may
be
so
specified with
regard
to
the
article
concerned
or
its
manufacture.
-
- (2)
(a)
The
SABS
may
examine,
test
or
analyse
a
sample
obtained
in terms
of
this
Act
in
order
to
determine
whether
the
article,
component,
material
or
substance
concerned
complies
with,
or
has
the
characteristics
or has
been
manufactured
in
accordance
with,
the
requirements
of
any provision
applicable
in
terms
of
this
Act.
-
- (b)
If
any
sample
obtained
in
terms
of
this
Act
is
damaged
or
destroyed during
the
process
of
examining,
testing
or
analysing
such
sample,
the
-
SABS
shall
not
be
liable
for
the
damage
to
or
destruction
of
that
sample.
-
- (3)
The
result
of
any
examination,
test
or
analysis
of
any
sample
of
a commodity
to
which
a
compulsory
specification
is
in
force,
shall,
until
the contrary
is
proved,
for
all
purposes
be
deemed
to
be
valid
for
the
whole
consignment
or
batch
from
which
the
sample
was
obtained.
-
- Restriction
on
use
of
word
"standard"
-
- 30.
(1)
(a)
Subject
to
the
other
provisions
of
this
section
and
except with
the
written
consent
of
the
Minister-
-
(i) no
person
shall
under
a
name
containing
the
word
"standard"-
(aa)
conduct
his
affairs
or
business
or
carry
on
his
-
occupation
or
trade;
or
-
- (bb)
be
registered
or
licensed
under
any
law;
-
- (ii) no
mark
containing
the
word
"standard"
shall
be
registered
-
as
a
trade
mark
under
any
law
with
regard
to
the
registration
-
of
trade
marks;
and
-
- (iii) no
person
shall
sell
any
commodity
under
a
mark
which
contains
the
word
"standard"
or
under
a
description
in
which the
said
word
is
used
in
a
manner
likely
to
create
the impression
that
that
commodity
complies
with
or
has
been
manufactured
in
accordance
with
a
mark
specification
unless
a
certification
mark
has
been
applied
to
such
a
commodity
in accordance
with
section
20(1).
-
- (b)
The
Minister
may
at
any
time
withdraw
the
consent
given
by
him
in terms
of
paragraph
(a)
if
he
deems
it
necessary
to
avoid
confusion
or
abuse.
-
- (2)
Any
person
who
immediately
prior
to
the
commencement
of
the
Standards
Act,
1982
(Act
No.
30
of
1982),
lawfully
conducted
his
affairs
or business,
carried
on
his
occupation
or
trade,
or
was
registered
or
-
licensed
under
any
law,
under
a
name
containing
the
word
"standard",
may
notwithstanding
the
provisions
of
subsection
(1)
(a)
(i)
continue
to conduct
his
affairs
or
that
business
or
carry
on
that
occupation
or
trade, or
remain
so
registered
or
licensed,
under
that
name.
-
- (3)
Any
trade
mark
registered
at
the
commencement
of
the
Standards
Act,
-
1982,
and
the
sale
of
any
commodity
under
such
a
trade
mark,
shall
not
be
-
affected
by
the
provisions
of
subsection
(1)(a)(ii).
-
- Incorporation
of
standards
in
laws
-
- 31.
(1)
(a)
If
a
standard
has
been
published
in
the
Gazette,
such
standard
or
a
provision
of
such
standard
may
be
incorporated
in
any
law
by a
mere
reference
to
the
title
and
number
thereof.
-
- (b)
If
a
standard
or
a
provision
of
such
standard
has
been
incorporated
in any
law
in
terms
of
paragraph
(a)
and
that
standard
or
provision
is amended
in
terms
of
section
16(3)(a)(ii),
the
amended
standard
or
provision shall
be
deemed
to
be
so
incorporated.
-
- (2)
A
State
department,
local
authority
or
other
institution
or
body responsible
for
or
involved
in
the
administration
of
a
standard
or
provision
so
incorporated
shall
keep
available
for
free
inspection
at
each of
its
offices
where
or
from
where
the
administration
of
that
standard
or provision
is
undertaken,
a
copy,
issued
by
the
SABS,
of
the
full
text
of-
-
- (a)
the
standard
concerned
and
every
amendment
thereof;
and
-
- (b)
every
standard
or
document
referred
to
in
section
16(3)(b)
the whole
or
a
part
of
which
appears
in
a
standard
referred
to
in paragraph
(a),
and
every
amendment
thereof.
-
- (3)
(a)
Criminal
prosecution
may
only
be
instituted
against
a
person
on a
charge
of
having
contravened
or
failed
to
comply
with
a
provision
so incorporated
if
the
State
department,
local
authority
or
other
institution
or body
referred
to
in
subsection
(2)
has
in
every
case
furnished
to
the
attorney-general
or
public
prosecutor
concerned
a
copy
issued
by
the
SABS, of
each
relevant
standard
or
document
which
he
shall
in
terms
of
the
said subsection
keep
available
for
free
inspection.
-
- (b)
The
standard
or
document
referred
to
in
paragraph
(a)
shall
on
the mere
production
thereof
be
prima
facie
proof
of
the
contents
of
the
standard
concerned
or
an
amendment
thereof.
-
- (4)
At
the
commencement
of
this
Act
a
provision
incorporated
in
terms
-
of
1
section
33(1)
of
the
Standards
Act,
1982
(Act
No.
30
of
1982),
and
the
-
incorporation
of
which
is
still
in
force,
shall
be
deemed
to
be
-
incorporated
in
terms
of
subsection
(1)(a).
-
- Secrecy
-
- 32.
(1)
Any
person
who
is
or
was
concerned
in
the
performance
of
any function
in
terms
of
this
Act,
shall
not
disclose
any
information
which he
obtained
in
the
performance
of
such
a
function
except-
-
- (a)
to
the
Minister;
-
- (b)
to
any
person
who
of
necessity
requires
it
for
the
performance
of his
functions
in
terms
of
this
Act;
-
- (c)
if
he
is
a
person
who
of
necessity
supplies
it
in
the
performance
of his
functions
in
terms
of
this
Act;
-
- (d)
such
information
which
is
required
in
terms
of
any
law
or
as evidence
in
any
court
of
law;
-
- (e)
to
any
competent
authority
which
requires
it
for
the
institution,
-
or
an
investigation
with
a
view
to
the
institution,
of
any
criminal
-
prosecution;
or
-
- (f)
by
or
on
the
authority
of
the
Minister,
the
chairman
or
the
president.
-
- (2)
Notwithstanding
the
provisions
of
subsection
(1),
the
disclosure
of any
information
in
connection
with
an
invention
shall
not
prejudice
the rights
of
the
SABS
or
any
other
person
to
obtain
a
patent
in
respect
of
-
such
an
invention.
-
- Inventions
by
staff
members
and
other
persons
-
- 33.
(1)
(a)
If
any
invention
is
made-
-
- (i) by
an
employee
in
the
course
of
or
in
connection
with
the
performance
of
his
functions;
-
- (ii) by
a
person
while
following
a
course
of
study
with
the
assistance,
whether
financial
or
otherwise,
of
the
SABS;
or
-
- (iii) by
a
person
assisting
the
SABS
with
any
investigation
or research,
the
rights
in
respect
of
that
invention
shall
vest in
the
SABS
unless
the
SABS
and
the
employee
or
person
concerned
have
entered
into
a
written
agreement
that
the rights
to
the
invention
vest
in
the
employee
or
person
concerned
or
in
that
employee
or
person
and
the
SABS
jointly.
-
- (b)
In
the
absence
of
an
agreement
referred
to
in
paragraph
(a),
the
-
SABS
shall
be
deemed
to
be
the
sole
inventor.
-
(2)
If
the
rights
in
respect
of
an
invention
vest
solely
in
the
SABS, the
SABS
may
make
such
invention
available
for
use
in
the
public
interest subject
to
such
conditions
as
the
council
may
determine.
-
- (3)
The
SABS
may
pay
to
an
employee
or
person
referred
to
in
subsection (1)
(a)
money
or
royalties
or,
with
the
approval
of
the
Minister
granted with
the
concurrence
of
the
Minister
of
State
Expenditure,
provide
for financial
participation
by
such
employee
or
person
in
the
profit
obtained
-
as
a
result
of
the
use
of
an
invention
referred
to
in
subsection
(1)(a).
-
- (4)
The
SABS
may
apply
for
a
patent
in
respect
of
an
invention
referred to
in
subsection
(1)
if
an
agreement
in
terms
of
that
subsection
has
not been
entered
into,
and
shall
for
the
purpose
of
the
Patents
Act,
1978
(Act No.
57
of
1978),
be
regarded
as
the
cessionary
of
the
invention
concerned.
-
- Offences
and
penalties
-
- 34.
(1)
Any
person
who-
-
- (a)
contravenes
or
fails
to
comply
with
any
provision
of
this
Act,
or any
directive,
order,
condition,
requirement,
determination
or request
made
thereunder;
-
- (b)
refuses
or
fails
to
pay
any
money
levied
under
this
Act;
-
- (c)
falsely
represents
any
material
or
substance
to
be
reference
material
supplied
by
the
SABS;
-
- (d)
falsely
holds
himself
out
to
be
an
inspector,
or
to
be
an
auditor for
the
purposes
of
this
Act;
-
- (e)
makes
any
relevant
statement
to
an
inspector
or
auditor
which
is false
in
any
material
respect,
knowing
it
to
be
false;
-
- (f)
refuses
or
fails
to
answer
to
the
best
of
his
knowledge
any
relevant
question which
an
inspector
or
auditor
has
in
the
exercise
of
his
- (g)
refuses
or
fails
to
comply
to
the
best
of
his
ability
with
any lawful
requirement,
demand
or
order
of
an
inspector
or
auditor;
or
-
- (h)
hinders
or
obstructs
an
inspector
or
auditor
in
the
exercise
of
his powers,
-
- shall
be
guilty
of
an
offence.
-
- (2)
Any
person
who
is
convicted
of
an
offence
in
terms
of
this
Act shall-
-
- (a)
in
the
case
of
a
first
conviction
of
an
offence
referred
to
in subsection
(1)(a)
read
with
section
3(i),
16(5),
17(2),
20(1),
(3)(a) or
(4)(a),
23(1)(a)
or
(2),
24(1),
25(2)(a)
or
(b)
or
27(2) be
liable
to
a
fine,
or
to
imprisonment
for
a
period
not
exceeding two
years;
-
- (b)
in
the
case
of
a
second
or
subsequent
conviction
of
an
offence
mentioned in
paragraph
(a),
whether
it
be
the
same
or
some
other offence
mentioned
in
that
paragraph,
be
liable
to
a
fine,
or
to
imprisonment
for
a
period
not
exceeding
four
years;
-
- (c)
in
the
case
of
a
first
conviction
of
an
offence
referred
to
in subsection
(1)(a)
read
with
section
25(3),
29(1),
30(1)(a)(i)(aa)
or (a)(iii)
or
32(1),
or
an
offence
referred
to
in
subsection
(1)(b)
to (h),
be
liable
to
a
fine,
or
to
imprisonment
for
a
period
not exceeding
one
year;
-
- (d)
in
the
case
of
a
second
or
subsequent
conviction
of
an
offence
mentioned in
paragraph
(c),
whether
it
be
the
same
or
some
other offence
mentioned
in
that
paragraph,
be
liable
to
a
fine,
or
to
imprisonment
for
a
period
not
exceeding
two
years;
and
-
- (e)
in
the
case
of
an
offence
referred
to
in
subsection
(1)(a)
read
- with
any
other
provision
of
this
Act
which
is
not
mentioned
in paragraphs
(a),
(b),
(c)
or
(d),
be
liable
to
a
fine,
or
to imprisonment
for
a
period
not
exceeding
one
year.
-
- (3)
A
court
convicting
any
person
of
an
offence
in
terms
of
this
Act may,
in
addition
to
any
penalty
imposed
in
respect
of
that
offence-
-
- (a)
and
subject
to
the
provisions
of
subsection
(4),
order
that
a commodity,
a
consignment
or
batch
of
a
commodity,
any
other
article, or
any
material
or
substance
in
respect
of
which
that
offence
was committed,
be
forfeited;
and
-
- (b)
summarily
enquire
into
and
assess
the
monetary
value
of
any
advantage
gained
or
likely
to
be
gained
by
such
person
in consequence
of
that
offence
and
impose
on
that
person
a
fine
to
a maximum
equal
to
the
amount
so
assessed
and,
in
default
of
payment,
imprisonment
for
a
period
not
exceeding
one
year.
-
- (4)
(a)
The
Minister
shall,
subject
to
the
provisions
of
paragraph
(b), generally
or
in
a
particular
case
determine
the
manner
in
which
the
forfeited
goods
referred
to
in
subsection
(3)(a)
shall
be
dealt
with.
-
- (b)
Section
35(4)
of
the
Criminal
Procedure
Act,
1977
(Act
No.
51
of
-
1977),
shall
apply
mutatis
mutandis
in
the
case
of
a
forfeiture
referred
to in
subsection
(3)
(a)
-
- (5)
Notwithstanding
anything
to
the
contrary
in
any
other
law contained,
a
magistrate's
court
shall
be
competent
to
impose
any
penalty provided
for
in
this
Act.
-
- (6)
No
person
shall
be
convicted
of
an
offence
referred
to
in
section
-
20(1)
or
(3),
23(1),
24(1),
25(2)(a)
or
(b),
27(2)
or
32(1),
if
it
is
-
proved
that
he-
-
- (a)
took
all
reasonable
precautions
against
committing
the
offence
con- cerned;
and
-
- (b)
at
the
request
of
the
SABS,
an
inspector
or
an
auditor
furnished
-
all
information
relating
to
the
facts
and
attendant
circumstances
in
-
connection
with
any
act
or
omission
constituting
the
alleged
offence
-
and
which
he
should
reasonably
have
at
his
disposal.
-
- Disclosure
of
certain
information
to
protect
consumer
-
- 35.
(1)
The
president
may,
notwithstanding
the
provisions
of
section
-
32,
if
he
is
of
the
opinion
that
it
is
necessary
in
the
public
interest
and to
protect
the
consumer,
reveal
in
any
manner-
-
(a)
any
information
which
in
his
opinion
is
necessary
to
prevent
the public
from
being
misled
concerning
any
aspect
regulated
by
this Act;
-
- (b)
the
fact
that
the
use
of
an
article
is
dangerous
to
the
consumer;
-
or
-
- (c)
the
name
of
a
person
who
in
his
opinion
does
not
comply
with
or does
not
comply
fully
with
a
provision
of
this
Act
or
any
aspect
regulated by
this
Act.
-
- (2)
The
disclosure
referred
to
in
subsection
(1)
may
include
the
trade name
and
trade
mark
of
a
commodity.
-
- Presumption
-
- 36.
If
it
is
necessary
for
the
purposes
of
this
Act
to
determine
the importer
of
an
article,
it
shall
be
presumed,
unless
the
contrary
is proved,
that
the
person
who
is
indicated
on
the
documents
concerning
the
-
import
transaction
as
the
importer,
is
or
was
the
importer
of
that
article.
-
- Regulations
-
- 37.
(1)
The
Minister
may,
after
consultation
with
the
council,
make
regulations,
not
inconsistent
with
the
provisions
of
this
Act,
regarding
any matter
which
in
terms
of
this
Act
is
required
or
permitted
to
be prescribed
and,
generally,
regarding
any
matter
in
respect
of
which
he
-
deems
it
necessary
or
expedient
to
make
regulations
in
order
to
achieve
the objects
of
this
Act.
-
- (2)
The
power
to
make
regulations
in
terms
of
subsection
(1)
shall include
the
power
conditionally
or
unconditionally
to
restrict
or
prohibit any
matter
referred
to
in
that
subsection
and
to
grant
exemptions
from,
or to
allow
deviations
with
regard
to,
the
payment
of
the
prescribed
fees.
-
- (3)
Different
regulations
which
differ
in
the
respects
deemed
expedient by
the
Minister,
may,
subject
to
the
provisions
of
this
Act,
be
made
under subsection
(1)
in
respect
of
different
areas
in
the
Republic
or
different
commodities.
-
- (4)
A
regulation
made
under
subsection
(1)
may
in
respect
of
any
contravention
thereof
or
failure
to
comply
therewith,
prescribe
a
penalty which,
in
the
case
of
a
first
conviction,
shall
not
exceed
a
fine
of
R
4000 or
imprisonment
for
a
period
of
one
year
or
both
that
fine
and
that
imprisonment,
and,
in
the
case
of
a
second
or
subsequent
conviction,
a
fine of
R8
000
or
imprisonment
for
a
period
of
two
years
or
troth
that
fine
and that
imprisonment.
-
- Levying
of
interest
-
- 38.
(1)
The
SABS
may
levy
interest
in
respect
of
money
payable
to
it but
which
has
not
yet
been
paid,
from
a
date
on
which
such
money
became payable,
except
in
respect
of
money
payable
by
the
State.
-
- (2)
The
rate
at
which
interest
referred
to
in
subsection
(1)
shall
be calculated,
shall
be
the
rate
which
is
determined
from
time
to
time
in
-
terms
of
section
26(1)
of
the
Exchequer
Act,
1975
(Act
No.
66
of
1975),
and which
is
applicable
on
the
date
on
which
the
money
referred
to
in
-
subsection
(1)
is
paid.
-
- Delegations
-
39.
(1)
The
council
may,
subject
to
such
conditions
as
it
may
impose- (a)
in
writing
delegate
to
the
chairman,
the
president
or
a
committee
-
referred
to
in
section
9(1)
(a)
any
power
conferred
upon
the
council by
or
under
this
Act
or
any
other
law;
or
-
- (b)
in
writing
authorize
the
chairman,
the
president
or
a
committee
referred to
in
section
9(1)(a)
to
perform
any
duty
assigned
to
the council
by
or
under
this
Act
or
any
other
law.
-
- (2)
The
president
may,
subject
to
such
conditions
as
he
may
impose-
(a)
delegate
a
power
to
an
employee;
or
-
(b)
authorize
an
employee
to
perform
a
duty,
which
has
been-
-
- (i) delegated
or
assigned
to
the
president
under
subsection
-
(1),
unless
the
council
has
in
the
delegation
or
assignment
-
concerned
determined
otherwise;
or
-
- (ii) conferred
or
imposed
on
the
president
by
this
Act
or
any other
law.
-
- (3)
The
council
or
the
president,
as
the
case
may
be,
shall
not
be divested
of
any
power
delegated
under
subsection
(1)
or
(2),
as
the
case may
be,
by
it
or
him,
and
may
amend
or
withdraw
any
decision
made
in
the exercise
of
such
delegated
power.
-
- Certain
acts
not
interpreted
as
assurances
or
guarantees
-
- 40.
The
fact
that
anything
has
been
done
under
this
Act
by
the
Minister,
the
SABS,
the
council,
a
member
of
the
council,
a
committee
referred
to
in
section
9(1)
(a)
or
a
member
of
such
committee,
the
president
or
an
employee
of
the
SABS
in
connection
with
any
article,
material,
substance,
act
or
matter,
shall
not
be
interpreted
as
an
assurance
or
a
guarantee
of
any
nature
in
respect
of
that
article,
material,
substance,
act
or
matter.
-
- Limitation
of
liability
-
- 41.
The
State,
the
Minister,
the
SABS,
the
council,
a
member
of
the council,
a
committee
referred
to
in
section
9(1)(a)
or
a
member
of
such committee,
the
president
or
an
employee
of
the
SABS
shall
not
be
liable
in respect
of
anything
done
under
this
Act
in
good
faith
and
without
negligence.
-
- Repeal
of
laws,
and
savings
-
- 42.
(1)
Subject
to
the
provisions
of
subsection
(2),
the
Standards
Act,
-
1982
(Act
No.
30
of
1982),
and
the
Standards
Amendment
Act,
1984
(Act
No.
-
50
of
1984),
are
hereby
repealed.
-
- (2)
Any
proclamation,
regulation,
notice,
order,
prohibition,
authorization,
appointment,
permission,
information
or
document
made,
issued,
imposed,
granted
or
given
and
any
other
action
taken
under
any provision
of
a
law
repealed
under
subsection
(1),
shall
be
deemed,
if applicable,
to
have
been
made,
issued,
imposed,
granted,
given
or
taken under
the
corresponding
provision
of
this
Act.
-
- Short
title
and
commencement
-
43.
This
Act
shall
be
called
the
Standards
Act,
1993,
and
shall
come into
operation
on
a
date
fixed
by
the
State
President
by
proclamation
in the
Gazette.
|
