South Africa Act or statute

Parliament of the Republic of South Africa

Aged Persons Amendment Act, 1994

care facilitiescourt attendancedelegation of authorityhealthcare facilitieshomes for the agedliquor licensingoffencespenaltiesrecord keepingregistrationregulatory compliancereportingstatutory amendmentsubsidiessummons servicewelfare administration

Jurisdiction: South Africa
Structure: 16 provisions
Citation: Act 44 of 1994
Dates: updated 9 Dec 1994

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Dates: updated 9 Dec 1994

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Purpose and legislative effect

“Section 1 is amended to update several definitions and to exclude certain hospitals, clinics, and licensed hotel premises from the Act’s application.”

Section 1 is amended to update several definitions and to exclude certain hospitals, clinics, and licensed hotel premises from the Act’s application. This section replaces section 2 of the principal section. This section concerns homes for the aged, subsidies for homes for the aged and certain clubs, service centres and welfare organizations. The Minister may, with the concurrence of the Minister of Finance and using money appropriated by Parliament for that purpose, establish and maintain homes for the aged and pay subsidies to specified registered homes, clubs, service centres, and welfare organizations. The Minister must decide on applications by refusing them or granting them with conditions, and may grant temporary authority to manage a home for the aged for up to 12 months with a certificate issued. A qualifying subsidized home manager is entitled to registration subject to Minister-determined conditions.

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Section 1 of the Aged Persons Act, 1967 (hereinafter referred to as the

Section 1 is amended to update several definitions and to exclude certain hospitals, clinics, and licensed hotel premises from the Act’s application.

Section 1

Section 3 of the principal Act is hereby amended-

The Minister must decide on applications by refusing them or granting them with conditions, and may grant temporary authority to manage a home for the aged for up to 12 months with a certificate issued. A qualifying subsidized home mana…

Section 3

The following section is hereby substituted for section 19 of the principal Act:

Section 7 substitutes section 19 of the principal Act with a section titled “Penalties.”

Section 7

The Minister may make regulations-regarding-

The Minister may make regulations about forms, registration procedures, minimum standards, records, and related reporting matters under the Act.

Section 20

This Act shall be called the Aged Persons Amendment Act, 1994, and

This section says the Act is called the Aged Persons Amendment Act, 1994, and starts on a date set by the President by proclamation in the Gazette.

Section 12

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Source record from www.parliament.gov.za · updated 9 Dec 1994

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Showing 16 of 16 provisions

Substitution 9Commencement 2Repeal 2Provision

§ 1Section 1 of the Aged Persons Act, 1967 (hereinafter referred to as theSubstitution

Section 1 is amended to update several definitions and to exclude certain hospitals, clinics, and licensed hotel premises from the Act’s application.

1. Section 1 of the Aged Persons Act, 1967 (hereinafter referred to as the principal Act), is hereby amended- (a) by the insertion in subsection (1) after the definition of "debilitated person" of the following definition: " 'Director-General' means the Director-General: Welfare;"; (b) by the substitution in subsection (1) for the definition of "magistrate" of the following definition: " 'magistrate' includes an additional and an assistant magistrate [and also a Commissioner and an additional and an assistant Commis- sioner];"; (c) by the substitution in subsection (1) for the definition of "Minister" of 10 15 the following definition: " 'Minister' means the Minister for Welfare and Population De velopment;"; 20 (d) by the substitution in subsection (1) for the definition of "registered 25 welfare organization" of the following definition: " 'registered welfare organization' means a welfare organization registered or deemed to be registered in terms of the National Welfare Act, [1965 (Act No. 79 of 1965)] 1978 (Act No. 100 of 1978);"; (e) by the insertion in subsection (1) after the definition of "registered welfare organization" of the following definition: " 'social worker' means any person who is registered as a social worker under the Social Work Act, 1978 (Act No. 110 of 1978), and who is in the service of the State;"; GOVERNMENT GAZETTE, 9 DECEMBER 1994 AGED PERSONS AMENDMENT ACT, 1994 No. 16147 5 Act No. 44, 1994 (f) · by the deletion in subsection (1) of the definitions of "Republic", "Secretary", "social welfare officer" and "the territory"; and (g) by the substitution for subsection (2) of the following subsection: "(2) The provisions of this Act shall not apply in respect of any place or part of a place registered or maintained in terms of any law as a hospital or clinic or in respect of which a hotel liquor licence [or an accommodation establishment on-consumption licence] has been issued and is in force in terms of the Liquor Act, [1928 (Act No. 30 of 1928), or the Liquor Ordinance, 1969 (Ordinance No. 2 of 1969), of the territory (as the case may be)] 1989 (Act No. 27 of 1989).". 5 10 Substitution of section 2 of Act 81 of 1967, as amended by section 5 of Act 97 of 1972 and section 21 of Act 37 of 1973

Section 1Verify source

§ 2The following section is hereby substituted for section 2 of the principalSubstitution

This section replaces section 2 of the principal section.

2. The following section is hereby substituted for section 2 of the principal

Section 2Verify source

§ 15Act:Provision

This section concerns homes for the aged, subsidies for homes for the aged and certain clubs, service centres and welfare organizations.

15 Act: "Establishment and maintenance of homes for the aged, payment of subsidies to homes for the aged and certain clubs, service centres and welfare organizations

Section 15Verify source

§ 2The Minister rnaAmendment

The Minister may, with the concurrence of the Minister of Finance and using money appropriated by Parliament for that purpose, establish and maintain homes for the aged and pay subsidies to specified registered homes, clubs, service centres, and welfare organizations.

2. The Minister rna sub· ect to the rovisions of this Act and with the concurrence of the Minister of Finance, out of moneys appro priated by Parliament for that purpose- ( a) establish and maintain homes for the aged; (b) pay subsidies to the managers of registered homes for the aged, clubs and service centres for aged persons and registered welfare organizations providing welfare services to aged and debilitated persons.". Amendment of section 3 of Act 81 of 1967

Section 2Verify source

§ 3Section 3 of the principal Act is hereby amended-Commencement

3. Section 3 of the principal Act is hereby amended- ( a) by the substitution for subsection (3) of the following subsection: "(3) After consideration of an application referred to in subsec- tion (2) the Minister [may in his discretion] shall- ( a) refuse the application or grant it subject to such conditions as he or she may [deem fit] determine, and if he or she grants it, direct that a registration certificate specifying those conditions be issued to the applicant in the prescribed form; or (b) subject to such conditions as he or she may [deem fit] determine, grant authority to the applicant to manage the home for the aged for such period (not exceeding 12 months) as the Minister may determine, and direct that a registration certificate specifying those conditions be issued to the applicant in the prescribed form for that period, and after expiration of the said period, or after notice by the applicant in the prescribed manner that the said conditions have been complied with, whichever may occur first, reconsider the application."; and 20 25 30 35 40 45 (b) by the substitution for subsection (8) of the following subsection: "(8) The manager of a home for the aged which immediately prior to the date of commencement of this section is being subsidized by the State, shall be entitled to have such home registered in terms of subsection (3)(a) subject to such conditions as the Minister may [deem fit] determine.". 50 Amendment of section 5 of Act 81 of 1967

Section 3Verify source

§ 4Section 5 of the principal Act is hereby amended by the substitution forSubstitution

For summonses issued under this section, the Criminal Procedure Act rules on service, time to appear, and dealing with non-attendance apply mutatis mutandis.

4. Section 5 of the principal Act is hereby amended by the substitution for subsection (5) of the following subsection: 55 "(5) The provisions of the Criminal Procedure Act, [1955 (Act No. 56 of 1955)] 1977 (Act No. 51 of 1977), in relation to the form and manner of GOVERNMENT GAZETfE, 9 DECEMBER 1994 AGED PERSONS AMENDMENT ACf, 1994 No. 16147 7 Act No. 44, 1994 service of summonses in criminal cases in lower courts, the time to be allowed to a person summoned to appear, and the manner in which persons who have been summoned to appear, may be dealt with if they fail to appear or to remain in attendance, as required, shall mutatis mutandis apply in respect of summonses issued in terms of this section.". Amendment of section 6 of Act 81 of 1967, as amended by section 3 of Act 46 of 1976

Section 4Verify source

§ 5Section 6 of the principal Act is hereby amended by the substitution forSubstitution

Section 6 is amended so that subsection (6) now applies section 159(1) of the Criminal Procedure Act, 1977, to enquiries under this section, subject to the same rules about criminal trials in the absence of an accused.

5. Section 6 of the principal Act is hereby amended by the substitution for subsection (6) of the following subsection: "(6) The provisions of section [156(1)] 159(1) of the Criminal Procedure Act, [1955 (Act No. 56 of 1955)] 1977 (Act No. 51 of 1977), in so far as they relate to the conduct of a criminal trial in the absence of an accused, shall mutatis mutandis apply in respect of an enquiry held in terms of this section.". 5 10 Substitution of section 18 of Act 81 of 1967, as amended by section 16 of Act 98 15 of 1969

Section 5Verify source

§ 6The following section is hereby substituted for section 18 of the principal Act:Substitution

The Minister may delegate certain powers in writing, the Director-General may further delegate some powers, and neither is stripped of delegated power.

6. The following section is hereby substituted for section 18 of the principal Act: "Delegation 18. (1) The Minister may, on such conditions as he or she may determine, in writing delegate to the Director-General or any other officer in the service of the State, any power conferred upon the Minister by or under this Act, except a power referred to in section 20. (2) The Director-General may, on such conditions as he or she may determine, delegate to an officer in the service of the State, any power conferred upon the Director-General by or under this Act or delegated to him or her under subsection (1). · (3) The Minister or Director;General shall not be divested of any power delegated by him or her, and may amend or set aside any decision taken by a person in the exercise of such power delegated to him or her.". Substitution of section 19 of Act 81 of 1967

Section 6Verify source

§ 7The following section is hereby substituted for section 19 of the principal Act:Substitution

Section 7 substitutes section 19 of the principal Act with a section titled “Penalties.”

7. The following section is hereby substituted for section 19 of the principal Act: "Penalties

Section 7Verify source

§ 19Any person convicted of any offence in terms of any provisionSubstitution

Anyone convicted of an offence under the Act is liable to a fine, imprisonment for up to 12 months, or both.

19. Any person convicted of any offence in terms of any provision of this Act shall be liable to a fine [not exceeding one hundred rand] or to imprisonment for a period not exceeding [three] 12 months, or to both such fine and such imprisonment.". 20 25 30 35 Substitution of section 20 of Act 81 of 1967, as amended by section 8 of Act 86 of 1970, section 3 of Act 14 of 1971 and section 21 of Act 37 of 1973 40

Section 19Verify source

§ 8The following section is hereby substitlit~d for section 20 of the principal Act:Substitution

This section substitutes a new section 20 in the principal Act.

8. The following section is hereby substitlit~d for section 20 of the principal Act: "Regulations 45

Section 8Verify source

§ 20The Minister may make regulations-regarding-Repeal

The Minister may make regulations about forms, registration procedures, minimum standards, records, and related reporting matters under the Act.

20. The Minister may make regulations-regarding- (a) the form of any application, authority, certificate, consent, notice, order, register, process or subpoena which is to or may be made, granted, given, issued or kept in terms of this Act, and any other form required in administering the provisions of this Act; (b) the procedure to be followed and the conditions which may be imposed in connection with the registration of homes for the aged, and the minimum standards with which such homes are to comply; GOVERNMENT GAZETTE, 9 DECEMBER 1994 AGED PERSONS AMENDMENT ACf, 1994 No. 16147 9 Act No. 44, 1994 (c) the books, accounts and registers which are to be kept by the managers of registered homes for the aged, the manner in which such books, accounts and registers are to be kept and dealt with, and the returns and reports to be furnished in connection with such homes for the aged; (d) the records to be kept by any person who cares for or accom modates for remuneration, whether by way of money or goods, .any aged or debilitated person in any place other than a registered home for the aged; (e) any matter which in terms of this Act is required or permitted to be prescribed; (f) generally, any matter in respect of which the Minister considers it necessary or expedient to make regulations in order to achieve the objectives of this Act, and the generality of this provision shall not be limited by the preceding paragraphs.". 5 10 15 Repeal of sections 21 and 21A of Act 81 of 1967

Section 20Verify source

§ 9Sections 21 and 21A of the principal Act are hereby repealed.Repeal

Sections 21 and 21A of the principal Act are repealed.

9. Sections 21 and 21A of the principal Act are hereby repealed. Amendment of section 23 of Act 81 of 1967

Section 9Verify source

§ 10Section 23 of the principal Act is hereby amended by the deletion ofSubstitution

This section amends Section 23 of the principal Act by deleting subsection (2) and substituting certain expressions.

10. Section 23 of the principal Act is hereby amended by the deletion of 20 subsection (2). Substitution of certain expressions

Section 10Verify source

§ 11The principal Act is hereby amended-Short title

This section amends the principal Act by replacing certain words in sections 3(7), 4, and 5.

11. The principal Act is hereby amended- ( a) by the substitution in sections 3(7), 4 and 5 for the expression "social welfare officer", wherever it occurs, of the expression "social worker"; and 25 (b) by the substitution in section 4(2) for the expression "Secretary" of the expression "Director-General". · Short title and commencement

Section 11Verify source

§ 12This Act shall be called the Aged Persons Amendment Act, 1994, andCommencement

This section says the Act is called the Aged Persons Amendment Act, 1994, and starts on a date set by the President by proclamation in the Gazette.

12. This Act shall be called the Aged Persons Amendment Act, 1994, and 30 shall come into operation on a date fixed by the President by proclamation in the Gazette.

Section 12Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

a new section 20 in the principal Act
Section 8
Aged Persons Act, 1967
Section 1
Criminal Procedure Act
Section 4
Criminal Procedure Act, 1977
Section 5

N–S

2 instruments

of sections 21 and 21A of Act
Section 20
principal Act
Sections 7, 11

T–Z

1 instrument

This section amends Section 23 of the principal Act
Section 10

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