- Government
Gazette
14634
-
- STATE
PRESIDENT'S
OFFICE No.
377
12
March
1993
-
It
is
hereby
notified
that
the
State
President
has
assented
to
the following
Act
which
is
hereby
published
for
general
information:-
-
- NO.
17
OF
1993:
TRADE
METROLOGY
AMENDMENT
ACT,
1993.
-
- GENERAL
EXPLANATORY
NOTE:
-
- Words
in
bold
type
indicate
omissions
from
existing
enactments.
Words
in
italics
indicate
insertions
in
existing
enactments.
-
ACT
-
- To
amend
the
Trade
Metrology
Act,
1973,
so
as
to
define
certain
expressions;
to
provide
for
the
appointment
of
verification
officers
and the
designation
of
accredited
laboratories;
and
to
provide
for
the
levying of
fees
by
accredited
laboratories
for
certain
services
rendered;
and
to provide
for
incidental
matters.
-
(English
text
signed
by
the
State
President.)
(Assented
to
26
February
1993.)
-
- BE
IT
ENACTED
by
the
State
President
and
the
Parliament
of
the
Republic of
South
Africa,
as
follows:-
-
- Amendment
of
section
1
of
Act
77
of
1973,
as
amended
by
section
1
of
Act
34 of
1975
and
section
1
of
Act
15
of
1990
-
- 1.
Section
1
of
the
Trade
Metrology
Act,
1973
(hereinafter
referred
to as
the
principal
Act),
is
hereby
amended-
-
- (a)
by
the
insertion
before
the
definition
of
"certify"
of
the following
definition:
-
- "'accredited
laboratory'
means
any
laboratory
accredited
as
contemplated
in
section
3(k)
of
the
Standards
Act,
1982
(Act
No.30 of
1982);";
-
- (b)
by
the
substitution
for
the
definition
of
"Minister"
of
the
following
definition:
-
"'Minister'
means
the
Minister
of
Trade
and
Industry
and -
Tourism;";
and
-
- (c)
by
the
addition
of
the
following
definitions:
-
- "
'verification
officer'
means
any
person
appointed
as
such
in terms
of
section
3;
-
- 'verify'
means
certify
the
accuracy
of
any
measuring
instrument
on
-
- the
basis
of
a
relevant
national
measuring
standard
as
defined
in
.
section
1
of
the
Measuring
Units
and
National
Measuring
Standards
Act,
1973
(Act
No.
76
of
1973).".
-
- Substitution
of
section
3
of
Act
77
of
1973,
as
amended
by
section
3
of
Act
-
15
of
1990
-
- 2.
The
following
section
is
hereby
substituted
for
section
3
of
the principal
Act:
-
- "Appointment
and
qualifications
of
inspectors
and
verification
officers
-
- 3.
(1)
The
SABS
Council
may
from
time
to
time,
on
the
recommendation
of
the
director,
appoint
inspectors
or
verification
officers
to
-
verify
or
test
all
measuring
instruments
or
any
particular
kind
of measuring
instrument
in
accordance
with
the
provisions
of
this
Act and
to
perform
such
other
functions
as
may
be
assigned
to
inspectors
by
this
Act.
-
- (2)
No
person
shall
in
terms
of
subsection
(1)
be
appointed
or act
as
an
inspector
or
verification
officer,
unless-
-
- (a)
he
has
shown
in
undergoing
an
examination
a
knowledge
of
the appropriate
provisions
of
this
Act
and
(a)
has,
in
accordance
with a
curriculum
laid
down
from
time
to
time
by
the
director
in consultation
with
the
committee,
passed
an
examination
in-
-
- (i) subjects
so
laid
down;
and
-
- (ii) practical
work
in
verifying
and
testing
all
measuring
instruments
or
the
kind
of
measuring
instrument
in
question; or
and
-
- (b)
has
satisfied
the
SABS
Council
that
he
holds
a
certificate
-
qualifying
him
to
act
as
an
inspector,
and
no
person
shall
act
as
an
-
inspector
in
respect
of
any
particular
kind
of
measuring
instrument
unless
he
holds
a
certificate
issued
to
him
by
the
SABS
Council
-
to
the
effect
that
he
is
qualified
to
act
as
an
inspector
or
verification
officer
in
respect
of
all
measuring
instruments
or that
a
particular
kind
of
measuring
instrument.
-
- (3)
Subject
to
the
provisions
of
section
22,
no
inspector
shall derive
any
profit
from
or
be
employed
in
the
making,
repair,
adjusting or
selling
of
any
measuring
instrument.
-
- (4)
No
person
shall
act
as
an
inspector
unless
he
is
employed
by and
acts
on
behalf
of
the
South
African
Bureau
of
Standards
or
any
statutory
body
contemplated
in
section
7(1).
-
- (5)
No
person
shall
act
as
a
verification
officer
unless
he
is
employed
by
and
acts
on
behalf
of
an
accredited
laboratory
designated
in
terms
of
section
7(2)
to
verify
all
measuring
instruments
or
the
particular
kind
of
measuring
instrument
in
respect
of
which
such
verification
officer
is
qualified
to
act
in
terms
of
subsection
(1).
-
- (6)
No
person
shall
act
as
an
inspector
or
verification
officer
in
respect
of
any
particular
kind
of
measuring
instrument,
unless
he
holds an
appropriate
certificate
contemplated
in
subsection
(2).
".
-
- Amendment
of
section
5
of
Act
77
of
1973,
as
substituted
by
section
5
of
-
Act
15
of
1990
-
- 3.
Section
5
of
the
principal
Act
is
hereby
amended
by
the
substitution
for subsection
(1)
of
the
following
subsection:
-
- "(1)
Subject
to
the
control
of
the
Minister,
this
Act
shall
be
administered
by
the
SABS
Council
and
by
the
director,
inspectors,
accredited
laboratories,
verification
officers
and
examiners,
who shall
perform
their
duties
under
the
control
of
the
SABS
Council.".
-
- Amendment
of
section
6
of
Act
77
of
1973,
as
substituted
by
section
6
of
-
Act
15
of
1990
-
- 4.
Section
6
of
the
principal
Act
is
hereby
amended
by
the
substitution
for 4
subsection
(1)
of
the
following
subsection:
-
- "(1)
The
Minister
shall
appoint
a
Metrology
Advisory
Committee
to examined
or
cause
to
be
examined
applicants
for
the
post
of
inspector,
and to
assist
and
advise
the
director
in
the
performance
of
his functions
under
sections
3,
4,
18,
23
and
24
and
in
connection
with
-
such
other
matters
as
the
Minister
may
refer
to
the
committee
from
time
to
-
time.".
-
- Substitution
of
section
7
of
Act
77
of
1973,
as
substituted
by
section
7
of
-
Act
15
of
1990
-
- 5.
The
following
section
is
hereby
substituted
for
section
7
of
the principal
Act:
-
- "Carrying
out
of
functions
may
be
assigned
to
statutory
bodies
or accredited
laboratories
-
- 7.
(1)
The
Minister
may,
after
consultation
with
the
SABS Council,
assign
in
writing
to
any
statutory
body
the
carrying
out, subject
to
such
conditions
and
requirements
as
may
be
prescribed
by regulation,
of
any
function
specified
in
this
Act.
-
- (2)
The
SABS
Council
may
in
writing,
on
the
recommendation
of
the
director,
designate
any
accredited
laboratory
to
verify
measuring
instruments
or
any
particular
kind
of
measuring
instrument
in
respect
of
which
such
laboratory
is
accredited.".
-
- Insertion
of
section
13A
in
Act
77
of
1973
-
- 6.
The
following
section
is
hereby
inserted
in
the
principal
Act
after section
13:
-
- "Powers
and
duties
of
verification
officers
-
- 13A.
(1)
For
the
purposes
of
this
Act
any
verification
officer
-
may
verify
and
test
all
measuring
instruments
or
a
particular
kind
of
measuring
instrument
contemplated
in
section
7(2).
-
- (2)
If
any
verification
officer
in
the
execution
of
his
powers
as
:
contemplated
in
subsection
(1)
finds
that
any
measuring
instrument
or kind
of
measuring
instrument
does
not
comply
with
the
requirements
of
-
- this
Act,
such
measuring
instrument
or
kind
of
measuring
instrument
shall
be
deemed
to
be
rejected
in
terms
of
section
25.
-
- (3)
No
verification
officer
shall-
-
- (a)
consent
to
the
continued
use
of
a
measuring
instrument
that
was
rejected
as
contemplated
in
section
25,
or
-
- (b)
issue
a
document
to
the
effect
that
a
measuring
instrument
is
certified
under
this
Act
if
it
is
not
correct
and
such
measuring
instrument
is
not
so
certifiable;
or
-
- (c)
use
a
certifying
stamp
for
any
purpose
other
than
the
prescribed
purpose
or
in
a
manner
other
than
the
prescribed
manner,
or
create
the
impression
that
he
used
or
may
use
a
certifying
stamp
in
any
other
capacity
than
that
of
a
verification
officer,
or
-
- (d)
unless
a
measuring
instrument
or
a
particular
kind
of
measuring
3
instrument
has
been
submitted
or
made
available
to
him
by
the
owner or
user
thereof
for
certification-
-
- (i) falsely
create
the
impression
with
any
owner
or
user
that
-
such
measuring
instrument
is
subject
to
certification
by
him;
-
or
-
- (ii) compel
any
owner
or
user
to
have
a
measuring
instrument
4
certified
by
him.
-
- (4)
Any
person
who
falsely
holds
himself
out
to
be
a
verification
officer
as
contemplated
in
section
3-shall
be
guilty
of
an
-
offence.".
-
- Amendment
of
section
16
of
Act
77
of
1973
-
- 7.
Section
16
of
the
principal
Act
is
hereby
amended
by
the substitution
for
paragraph
(c)
of
subsection
(1)
of
the
following
paragraph:
-
- "(c)
that
a
notice
under
section
19(1)
or
that
the
provisions
of
section
19(2)
should,
in
respect
of
any
measuring
instrument,
have
been complied
with,
it
shall
be
presumed
that
at
all
relevant
times
the
accused
possessed
such
measuring
instrument
for
a
prescribed
purpose
in
the
area
to which
the
notice
in
question
or
the
provisions
of
section
19(2)
-
applies,
until
the
contrary
is
proved.".
-
- Amendment
of
section
17
of
Act
77
of
1973,
as
substituted
by
section
4
of
-
Act
34
of
1975
-
- 8.
Section
17
of
the
principal
Act
is
hereby
amended
by
the
deletion
of subsection
(2).
-
- Amendment
of
section
18
of
Act
77
of
1973,
as
amended
by
section
1
of
Act
-
14
of
1984
and
section
8
of
Act
15
of
1990
-
- 9.
Section
18
of
the
principal
Act
is
hereby
amended-
-
- (a)
by
the
substitution
in
subsection
(6)
for
the
words
following
upon paragraph
(b)
of
the
following
words:
"shall
be
certified
or
-
- recertified
by
any
inspector
or
verification
officer.";
and
-
- (b)
by
the
insertion
in
subsection
(7)
after
the
word
"inspector"
of the
words
"or
verification
officer".
-
- Amendment
of
section
19
of
Act
77
of
1973,
as
amended
by
section
5
of
Act
-
34
of
1975
-
- 10.
Section
19
of
the
principal
Act
is
hereby
amended-
(a)
by
the
deletion
of
subsection
(2);
and
-
(b)
by
the
substitution
for
subsections
(3)
and
(4)
of
the
following
-
subsections,
respectively:
-
- "(3)
The
director
may
in
his
discretion
take
such
steps
as
he
may deem
expedient
to
bring
any
notice
published
under
subsection
(1)
-
or
(2)
to
the
attention
of
persons
affected
by
it.
-
- (4)
Any
person
who
fails
to
comply
with
(a)
a
notice
published in
the
Gazette
under
subsection
(1)
or
(b)
the
provisions
of
subsection
(2)
shall
be
guilty
of
an
offence.".
-
- Amendment
of
section
21
of
Act
77
of
1973
-
- 11.
Section
21
of
the
principal
Act
is
hereby
amended
by
the substitution
for
subsection
(1)
of
the
following
subsection:
-
- "(1)
Any
inspector
or
verification
officer
shall,
at
the
time
-
and
place
appointed
under
section
19(1)
or
when
any
order
given
by
him under
section
3
20(1)
has
been
complied
with,
inspect
and
verify
or
test every
measuring
instrument
which
is
produced
or,
in
accordance
with
any such
order,
otherwise
made
available
to
him
for
the
purpose
of
certifying
or recertifying
it
and
shall,
after
verification
or
testing
and
subject
to the
provisions
of
subsections
(2)
and
(3)
certify
or
recertify,
in
such manner
as
to
indicate
the
year
of
such
certification
or
recertification,
every such
measuring
instrument
which
he
finds
to
be
correct
and
to
comply with
the
requirements
of
this
Act.".
-
- Amendment
of
section
22
of
Act
77
of
1973,
as
substituted
by
section
2
of
-
Act
14
of
1984
-
- 12.
Section
22
of
the
principal
Act
is
hereby
amended
by
the
addition of
the
following
subsection,
the
existing
section
becoming
subsection
(1):
-
- "(2)
Any
accredited
laboratory
may
charge
in
respect
of
the
verification,
testing,
adjustment,
certification
or
recertification
of
any
measuring
instrument
and
costs
incurred
by
it
in
connection
therewith,
such fees
and
costs
as
may
be
agreed
upon
by
such
accredited
laboratory
and
the
person
submitting
the
measuring
instrument
for
certification
or
recertification.".
-
- Substitution
of
section
22A
of
Act
77
of
1973,
as
inserted
by
section
9
of
-
Act
15
of
1990
-
- 13.
The
following
section
is
hereby
substituted
for
section
22A
of
the principal
Act:
-
- "Disposal
of
fees
-
- 22A.
(1)
Any
fees
collected
and
costs
recovered
in
terms
of
section
18
or
22
22(1)
shall
constitute
revenue
of
the
-
SABS
Council
and
shall
be
dealt
with
in
accordance
with
the
provisions
of
the
Standards
Act
1982
(Act
No.
30
of
1982).
-
- (2)
Any
fees
collected
and
costs
recovered
in
terms
of
section
-
22(2)
shall
constitute
revenue
of
the
accredited
laboratory
-
concerned.".
-
- Amendment
of
section
24
of
Act
77
of
1973,
as
amended
by
section
10
of
Act
-
15
of
1990
-
- 14.
Section
24
of
the
principal
Act
is
hereby
amended-
-
- (a)
by
the
insertion
in
subsection
(1)
after
the
word
"inspector",
wherever it
occurs,
of
the
words
"or
verification
officer";
and
-
- (b)
by
the
insertion
in
subsection
(2)
after
the
word
"inspector"
of the
words
"or
verification
officer".
-
- Substitution
of
section
25
of
Act
77
of
1973
-
- 15.
The
following
section
is
hereby
substituted
for
section
25
of
the principal
Act:
-
- "Defacing
of
certifying
stamp
-
- 25.
(1)
Any
inspector
or
any
verification
officer
shall,
in
-
the
manner
prescribed
by
regulation,
deface
the
certifying
stamp
on
any
-
measuring
instrument
which
he
finds
to
be
false,
defective
or
-
inaccurate
or
not
to
comply
with
the
requirements
of
this
Act
or
any
-
limitation
or
condition
regarding
certification
or
recertification
in
-
terms
of
section
18(2)(a)
or
any
requirement
made
by
the
director
in
-
terms
of
section
24(1)(c),
and
thereupon
such
measuring
instrument
shall
be
deemed
to
be
uncertified
or
rejected.
-
- (2)
Any
inspector
or
any
verification
officer
who
defaces
any certifying
stamp
on
any
measuring
instrument
referred
to
in
subsection
(1)
shall
at
the
same
time
issue
to
the
person
in
charge
thereof
a certificate
stating
the
reason
for
the
defacement.".
-
- Amendment
of
section
33
of
Act
77
of
1973
-
- 16.
Section
33
of
the
principal
Act
is
hereby
amended-
-
(a)
by
the
substitution
for
paragraph
(c)
of
the
following
paragraph:
"(c)
otherwise
than
in
the
capacity
of
an
inspector,
a
-
verification
officer,
a
repairer
or
a
registered
mechanic
-
acting
in
terms
of
any
regulation
and
save
as
provided
in
section
-
34,
obliterates
or
removes
from
any
measuring
instrument
any certifying
stamp
or
seal
or
any
part
thereof,
or";
and
-
- (b)
by
the
substitution
for
paragraph
(e)
of
the
following
paragraph:
"(e)
otherwise
than
in
the
capacity
of
an
inspector
or
a
-
- verification
officer,
places
upon
any
measuring
instrument
any
-
stamp
or
mark
purporting
to
indicate
that
such
measuring
instrument
-
has
been
certified
or
recertified;
or".
-
- Amendment
of
section
36
of
Act
77
of
1973
-
17.
Section
36
of
the
principal
Act
is
hereby
amended
by
the
insertion in
subsection
(6)
after
the
word
"inspector'
of
the
words
"or
verification
officer".
-
- Amendment
of
section
42
of
Act
77
of
1973,
as
amended
by
section
12
of
Act
-
34
of
1975
and
section
3
of
Act
14
of
l984
-
- 18.
Section
42
of
the
principal
Act
is
hereby
amended
by
the substitution
for
paragraph
(a)
of
subsection
(1)
of
the
following
paragraph:
-
- "(a)providing
for
the
examination
of
candidates
for
appointment
as inspectors
or
verification
officers,
and
prescribing
the
syllabus,
conditions
and
if
it
is
deemed
necessary
fees
in
respect
of
such
examinations;".
-
- Short
title
-
19.
This
Act
shall
be
called
the
Trade
Metrology
Amendment
Act,
1993.
|
