National Regulator for Compulsory Specifications Act

10. Operating procedures of Board 5 10 15 4 NO.31216 Act No.5, 2008 GOVERNMENT GAZEllE, 4 JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT, 2008 11. 12. Committees Advisory Forum COMPULSORY SPECIFICATIONS Compulsory specifications Effect of declaration as compulsory specification n 14.

15. Non-conformance to compulsory specification

16. Appointment of market surveillance inspeclOfs 17. 18, 19. 20. Powers of entry Identification prior to entry and co-operation with inspectors Powers 10 question and do market surveillance inspections Samples and information EXECUTIVE MANAGEMENT 21. 22. 23. 24. 25. 26. 27. 28. Appointment of Chief Executive Officer Employment conlract and performance agreement Appointment of statf Services by non-employees Delegation and assignment FINANCIAL MANAGEMENT Funding and investments Application of Public Finance Management Act Financial year and accounting GENERAL PROVISIONS Disclosure of certain infolTnation in public interest Presumption Celtain acts not intcrpreted as assurances or guarantces Confidentiality of certain information Liability of National Regulator 29. 30. 31. 32. 33.

34. Offences and penalties Transitional provisions 35. Regulations 36. Shon title and commcncemcnt 37. INTERPRETATION AND PURPOSE Definitions 5 10 15 20 25 30

1. In this Act, unless the con1ext indicates otherwisc- "amendment", with regard to a compulsory specification, includes the complete 35 or panial substitution of one or more of the provisions of a compulsory specification; "Board" means the Board of the National Regulator for Compulsory Specifica tions appointed in terms of section 6; "commodity" includes any substance or any element or characteristic of a 40 commodity or a category or system of commodities: "compulsory specification" means a compulsory specification contemplated in section 13; "confonnity assessment" means the procedure used 10 determinc, directly or indirectly, that the relevant requirement in technical regulations, standards or any 45 other relevant and validated documentation has been fulfilled; "distinctive mark" means a mark prescribed in terms of this Act which is applied to a commodity; "examine" means to inspect or analyse a product or service closely in order to determine compliance of the product or service with the requirements of a 50 compulsory specification; 6 No,31216 Act No. S, 2008 GOVERNMENT GAZETTE, 4 JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT. 2008 "importer" means an importer as defined in section 1(1) of the Customs and Excise Act, 1964 (Act No. 91 of 1964); "inspector" means a person appointed as an inspector in terms of section 16(1); "issue" with regard to a compulsory specification, includes making available by means of electronic, photographic or another medium; "letter of authority certificate" means a letter of authority issued to a manufacturer or importer in terms of section 5(2)(j): "manufacture" includes produce, assemble, alter. modify, adapt, convert, process or treal; "market surveillance inspe<:tion" means any activity of the National Regulator, other than testing, concerned with dctcrmining, either directly or indirectly, whether any or all of the requirements of a compulsory specification are met: "Minister" means the Minister responsible for trade and industry: "National Regulatorl' means the National Regulator for Compulsory Specifica- tions of South Africa established by section 3(1): "premisesl' means any land or any building or other structure, and includes any train, boat, ship, aircraft or other vehicle; "prescribed'l means prescribed by regulation or notice in tenns of this Act; "produce' means any commodity that proouc!' including fish and fish products; "Public Finance Management Ace' means the Public Finance Management Act, 1999 (Act No. I of 1999); "regulationll means a regulation made under section 36; "SABS ll means the South African Bureau of Standards; "sales permit'l means a permit issued under section 14(4): "SANS'l means a South African National Standard approved by the South African Bureau of Standards in accordance with the Standards Act, 2008; "seW' includes- (0 display, offer or advertise for sale; or (ii) export from the Republic for or in pursuance of a sale; (iii) having in possession for the purposes of sale, trade. manufacture or export is manufactured or any agricultural from the Republic; exchange, donate, lease or offer or display for leasing: (iv) "system l', with regard 10 a commodity, means a syslem which is designed to achieve a particular purpose or to perfonn a specific function; "this Acl'l includes a regulation made under section 36. 5 10 15 20 25 30 35 Purpose of Act

2. The purpose of the Act is- (a) (b) to provide a legal framework for the administration and maintenance of compulsory specifications in the interests of public safety and health or for 40 environmental protection in the Republic; and to establish the National Regulator to administer compulsory specifications. ESTABLISHMENT OF NATIONAL REGULATOR AS PUBLIC ENTITY Establishment of National Regulator as public entity 3. (I) The National Regulator is hereby established as a public entily. (2) The National Regulator is a juristic person and must operate and perform its 45 functions in accordance wilh this Act. 8 No.31216 Ad No.5, 2008 GOVERNMENT GAZETTE, 4 JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT, 2008 (3) The establishment of the National Regulator does not affect the validity of any action taken by the SABS prior to the commencement of this Act. POWERS AND OBJECTS OF NATIONAL REGULATOR Powers of National Regulator 4. (I) The National Regulator may do all that is necessary or expedient to perform its 5 functions, inc1uding- (a) thereof, bUI acquiring or disposing of property or any right ownership in immovable property may be acquired or disposed of only with the consent of the Minister in concurrence with the Minister of Finance; in respect (b) opening and operating banking accounts in Ihe name of the National 10 (c) (d) Regulator; investing any of the money of the National Regulator; insuring the National Regulator- (i) against any loss, damage or risk; or Oi) against any liability it may incur in the application of this Act; (e) performing legal acts, including acts in association with or on behalf of any other person or organ of state; subject to subsection (2), concluding agreements with organs of state and other persons; or instituting or defending any legal aclion. if) (g) (2) An agreement concluded in tenns of subsection (I)(j) may not conflict with any international requirement that is binding on the Nalional Regulator. 15 20 Objects of National Regulator 5, (1) The objects of the National Regulator are to- (a) make recommendations to the Minister with regard to compulsory specifica- 25 (b) (c) lions; administer and maintain compulsory specifications; carry out market surveillance through inspection in order compliance with compulsory specifications; and enforce compliance with compulsory specifications. (2) In order to achieve its objects, the National Regulator may- (d) to monitor (a) (b) (c) acquire and maintain the equipment inspection purposes; infonn the South African commerce, industry and the public about compul- sory specifications; establish and mainlain the necessary expertise on an internationally accept able level; required for market surveillance (d) obtain membership of, participate in or develop relationships with, foreign or international bodies having any objects similar to those of the National Regulator; perform, in so far as it is not contrary to or inconsistent with any Act, such functions as the Minister may assign to the National Regulator; issue a letter of authority certificate which permits commodities or products to be sold or services to be supplied; (e) (j) 30 35 40 (g) obtain the cooperation of government departments, local authorities or other 45 public bodies, and enter into agreements with them; (h) enter into agreements with conformity assessment services providers to inspect, examine, test or analyse samples on behalf of the National Regulator; and 10 No,31216 Act No.5, 2008 GOVERNMENT GAZETTE, 4 JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT. 2008 (i) establish specialist consuhative committees to provide input into the process 10 interpret and implement compulsory specifications. BOARD OF NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS Appointment of members and chairperson of Board of National Regulator 5 6. (I) The Board consists of nat less than seven, and not more than nine members, and is made up as follows: (a) The ChicfExecutivc Officer of the National Regulator by ¥inuc of his or her (b) office; the reslofthc members, who are non-executive members and arc appointed by the Minister. (2) When appointing the members of the Board, the Minister must ensure that such members- (0) (b) have sufticient knowledge, experience or qualifications relating to the functions of the National Regulator and the responsibilities of the Board. are broadly representative of the demographics of the country; and (3) The Minister must designate a member of the Board as chairperson. Term of office 7. (1) Non-executive members of the Board hold office for a period not exceeding five years and are eligible for reappointment. (2) A person appointed to fill a vacancy holds office for Ihe remaining portion of the term of the vacating member, (3) A member of the Board may resign by giving al least one month's written nOlice, 10 15 20 Disqualification 8. (I) A person may not be appointed or continue to serve ac; a member of the Boal'd 25 is an unrehabilitated insolvent; ifhe or she- (a) (b) has at any time been convicted of an offence involving dishonesty; (c) has, as a result of improper conduct, been removed from an office of trust; or (d) has been declared by a court to be mentally ill or unfil. (2) A member of the Board must vacate his or her office if he or she is absent from three consecutive meetings of the Board without the prior leave of the chairperson, (3) Subject to Ihe Promotion of Administrative Justice Act 2000 (Aci No, 3 of 2000), the Minister may al any lime after consulting Ihe Board terminate the term of office of any member of the Board if there arc good reasons for doing so. 30 35 Conditions of appointment 9. (I) The conditions of appointment of members of the Board who are not in the employ of an organ of state, are determined by Ihe Minister, after consultation with the Minister of Finance. (2) The conditions of appointment may include remuneration and any allowance 40 payable by the Board. (3) Members who are employed by an organ of state are not enti!led to remuneration, or any allowance, but must be reimbursed for out-of-pocket expenses by Ihe Board, Operating procedures of Board 10. (I) The Board must meet at least four times a year. (2) The chairperson of the Board decides when and where the Board will meet, out a majority of Board members may request the chairperson in writing to convene a meeting at a time set out in the request. 45 12 No. ~1216 Act No. S. 2008 GOVERNMENT GAZETIE, 4 JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT. 200B 0) If Ihe chairperson and the vice-chairperson are absent from a meeting, the Board may elect a member from among their number to preside at that meeting. (4) A majority of the members of the Board constitutes a quorum for a meeting of the Board, (5) Decisions of the Board require thc supporting vole of a majority of members 5 present at a meeting. (6) The Board must keep minutes of its proceedings and decisions. (7) The Board may, by resolution, make rules to further regulate its proceedings. Committees 11. (I) The Board may establish committees (0 assist it in Ihe perfonnance of its 10 functions. (2) The Board must determine the composition, rules and procedures of committees established in terms of this section. (3) The Board may from time to time dissolve or reconstitute a committee. (4) Any decision taken by a committee established under this section must be ratified 15 by the Board. Advisory Forum 12. (l) The Board must establish an Advisory Forum with a balance of interests consisting of representatives of organisations who have an interest in the matters contemplated in this Act. (2) The Advisory Forum must advise the Board on- (a) matters in respect of which the National Regulator could playa role; and (b) any other matter on which the Board requests advice. (3) The Board must establish a constitution and, if necessary, rules for the Advisory Forum. 20 25 COMPULSORY SPECIFICATIONS Compulsory spedfications 13. (I) The Minister may, on the recommendation of the Board, in respect of any the commodity, product or service which may affect public safety, health or environment, by notice in the Gazette- 30 (a) declare a SANS or a provision of a SANS to be a compulsory specification- (0 by referring to the title and the number of that standard only, without indicating the year or edition number, and if that SANS is amended, the amended SANS is deemed to have been incorporated: or (ij) by referring to the title, number and year or edition number of that 35 SANS, (b) declare an amended SANS or an amended provision of a SANS to be a compulsory specification if the original declaration was made in terms of subsection (1)(o)(ii); (c) declare or amend a compulsory specification if a SANS or a provision of a 40 SANS is not available in terms of paragraphs fa) and (b); or (d) withdraw a compulsory specification. (2) A notice under subsection (1)(0), (b) or (c~ (a) must contain full particulars of the specification, provision or amendment; (b) comes into operation on a date fixed in the notice, which date may nol be less 45 than two months after the date of publication of the notice; (c) may fix different dates on which different provisions of a compulsory specification come into operation. (3) The Minister may alter a date referred to in subsection 2(b) or (c) by notice in the Gazette. 50 (4) The Minister may not publish a notice under subsection (1)(0), (b) or (c), unless a preliminary notice has been published in the Gazerte- (a) setting out full particulars of the proposed compulsory specification or amendment; and 14 No,31216 Al'1 No.5, 2008 GOVERNMENT GAZETTE, 4 JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT. 2008 (b) in which inlcrested persons arc invited to comment on the proposed compulsory specification in writing by not less than two months after the date of the publication of the preliminary notice. (5) The Minister must consult with the Minister responsible for administering any Act or regulations that regulate the import, sale or supply of any commodity, product or service. or any process, that is the subject of a preliminary notice in terms of subsection (4)(0). 5 (6) A notice under subsection (1)(a). (b) or (e) may- (a) (b) (c) require thai a commodity or product to which a compulsory specification applies be marked in the prescribed manner with a distinctive mark, which 10 constitutes a declaration of conformity to the requirements of a compulsory specification: require thaI importers and manufacturers lahel a commodity or product to which a compulsory specification applies in accordance with ils origin, hatch, dale of manufacture, characteristics or other particulars of the article: require that importers and manufacturers be in possession of a letter of authority certificate issued by the National Regulator. in tenns of section 5(2)(fi; amend a requirement referred to in paragraph (b): and 15 (d) (e) withdraw a requirement referred to in paragraph (a), (b), (c) or (d). (7) The Minister may give effect to subsections (1) and (6) in the same notice. (8) The Minister may make regulations in terms of section 36 that set out the consultation process which must precede the declaration or amendment contemplated in subsection (I)(c). Effect of deda..ation as compulsory specification 20 25 14. (I) No pcn;on may import, sell or supply a commodity, product or service to which a compulsory specification applies, except in accordance with that specification. (2) No person may import, sell or supply a commodity, product or service to which a compulsory specification applies, unless- (a) (b) the commodity, product or service complies with, or ha<; heen manufactured in 30 accordance with, the compulsory specification, or both: and if applicable, the distinctive mark referred 10 in section n(6)(a) has been applied to the commodity, product or service in the prescribed manner and the commodity, product or service has been marked in accordance with any requirements in telTl1s of section J3(6)(b). 35 (3) Any person who imports, sells or supplies a commodity, product or service to which a compulsory specification applies, must- (a) keep or supply to the National ReguJatorsuch records as may be prescribed by the Minister. (b) pay such fees to the National Regulator as may be prescribed by the Minister 40 after consultation with the Minister of Finance. (4) The National Regulator may issue a sales permit exempting the person to whom it has been issued from complying with subsection (2)(a). (5) The National Regulator may issue a permit exempting the person 10 whom il has been issued from complying with subsection (2)(0) for an experimental type approval 45 commodity or product to which a compulsory specification applies. (6) The Minister may make regulations in terms of section 36 to prescribe the process for the issuing of a pelTl1it contemplated in subsection (4) or (5). 16 No. 31216 Act No.5, 2008 GOVERNMENT GAZETTE, 4 JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFlCAT10NS ACT. 2008 Non-conformance to compulsory specification 15. (I) If the Chief Executive Officer on reasonable grounds suspects that a commodity or product, or a consignment or batch of a commodity or product. does not conform to or has not been manufactured in accordance with a compulsory specification that applies to if. the Chief Exe<:ulive Officer may issue a directive to ensure that any person who is in possession or control of the commodity or product, consignment or batch. keeps it in his or her possession O[ under his or her control at or on any premises specified in the directive, and does nol tamper with or dispose of it, until the directive is withdrawn by the Chief Executive Officer in writing. 5 (2) The Minister may make regulations in tenns of section 36 to set time limits for (he 10 withdrawal of the directive referred to in subsection (l). (3) If the National Regulator finds that a commodity or product referred to in subsection (l) does not conform to the compulsory specification concerned, the Board may- (a) (b) direct in writing that the importer of the consignment returns it to its country take action to ensure the recall ofa commodity or product; of origin; or (e) direct in writing that the consignment or batch of the article concerned be confiscated, destroyed or dealt with in such other manner as the Board may consider fit. (4) The Board must inform the Minister in writing on action taken in terms of subsection (3) within 21 days. 15 20 Appointment of market surveillance inspectors 16, (I) In order to ensure compliance with this Act, Ihe Chief Executive Officer may in general or for a specific purpose appoint suitably qualified employees of the National 25 Regulator as inspectors. (2) The Chief Executive Officer may withdraw an appointment referred to in subsection (I). (3) An inspector must be furnished with a certificate stating that he or she has been appointed as an inspector in general or for a specific purpose, as the case may be, for the 30 purposes of this Act. (4) The certificate referred to in subsection (3) must be signed by the Chief Executive Officer. Powers of inspector to enter, inspect, search and seize 17. (I) In order to monitor and enforce compliance with this Act and, subject to the 35 conditions of his or her appointment, an inspector may at any reasonable time and in or upon without prior notice enter any premises, other than a private dwelling, which- (a) an article in respect of which there is a compulsory specification is- (i) manufactured or sold; Oi) (iii) stored or used in the course of any business; or slOred for any purpose in connection with the import or export of the commodity or product; 40 (b) (e) any manufacture, sale, use or storage is reasonably suspected; or any records with regard to the import, manufacture or sale of an article 45 referred to in paragraph (a) or (b) are kept. (2)An inspector may enter a private dwelling or any place other than a place referred to in subsection (1) only- {oJ wilh the consent of the owner or occupier; or 18 No.31216 Act No. S. 2008 GOVERNMENT GAZETTE, 4. JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIHCATIONS ACT. 2008 (b) if authorised to do so by a warrant issued in lenns of subsection (3), (3)A warramcontemplated in subsection (2) may be issued by ajudge or a magistrate if it appears from written information given by the inspector on oath or affirmation that there are reasonable grounds for believing that a contravention of this Act has been or is being commiued within the area of jurisdiction of that judge or magistrate. (4) The warrant contemplated in subsection (3) must specify the parameters within 5 which Ihe inspector may perform an entry, search or seizure. (5) An inspector entering any premises referred (0 in subsections (I) and (2) may be accompanied by an interpreter. (6) An inspector who enters and inspects any premises under this section must 10 conduct the entry and inspection with strict regard for decency and order, and with regard to each person's right to dignity, freedom, security and privacy; (7) An inspector who removes anything from premises being searched, must (a) (b) issue a receipt for it to the owncr or person in control of the premises; and return it as soon as practicable after it has served the purpose for which it was removed. 15 Identification prior to entl1' and co-operation with inspectors 18. (1) An inspector must immediately beforc entering premises in accordance with audibly identify himself or herself and demand admission to the premises: section 17- (a) (b) notify the person in control of the premises of the purpose of the entry, unless there are reasonable grounds to believe that such notification might defeat the purpose of the search; and on request of the person in charge of such premises, produce Ihe cenificate referred to in section 16(3) to that person. (c) 20 25 (2) Any person who is in charge of premises referred to in section 17(1) and (2) must at all reasonable times co-operate with and furnish such assistance as an inspector may require in the exercise of his or her powers under this Act. (3) In the event of resistance to an entry and search, an inspector may call the police to use such force as is reasonably necessary, including the breaking of a door or window 30 of the premises. Powers to question and do market surveillance inspections (a) 19. (I) In order to monitor and enforce compliance with this Act, an inspector may- examine and take samples of an article referred to in section 17(1) or any component. material or substance in or upon the premises concerned used or 35 suspected to be intended for use in the manufacture of such an article; (b) opcn and examine the contents of any package or containcr which comains or is suspected to contain an article referred to in section 17(1) or any component, material or substance in or upon the premises concerned used or suspected to be intended for use in the manufacture of such an article; examine any operation or process carried out in or upon the premises referred to in section 17(1) in connection with the manufacture or supply of any commodity, product or service, for which a compulsory specification is applicable in terms of this Act; at any time demand from any person that he or she at a time and place fixed by 45 the inspector produce to him or her any hook, notice, record, list or other document which is in the possession or custody or under the control of that person or any other person on his or her behalf; (d) (c) 40 20 No.31216 Act No. S, 2008 GOVERNMENT GAZETTE, 4 JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT. 2008 (j) (e) (g) examine a book, notice, record, list or other document refened 10 in paragraph (d) and make copies thereof or extracts therefrom or request that (hey be made, if it relates to an article referred to in section 17( 1)(a) or (b); require from a person in charge or any records referred to in section 17(I)(c) an explanation of any record or entry therein, and seize such record if it may afford evidence of any offence in terms of this Act; require any person who is the owner or in control of the premises referred to in section 17(1) to appear al a time and place fixed by the inspector, and question that person with regard to any matter which the inspector is investigating; or importer of a examine any relevant document of a manufacturer or commodity, or product or the supplier of a service in respect of which a compulsory specification is in force. to determine whether that manufacturer or importer has paid the presaibed fees referred to in section 14(3)(b). (2) A person questioned by an inspector conducting an investigation in terms of this (Iz) section must answer each question truthfully and to the best of his or her ability. (3) No self-incriminating answer given or statement made to an inspector is admissible as evidence in criminal proceedings against the person who gave the answer or made the statement, except in criminal proceedings where the person concerned stands trial on a charge contemplated in section 34(l)(i), (j) or (k). Samples and information 5 10 15 20 20, (l) Notwithstanding anything to the contrary in this Act, any person who imports, sells or supplies any commodity or product or supplies any service for which a compulsory specification is in force, must at the wt;Uen request of the National Regulator, within a period stated in the request, and at that person's own cost- 25 (a) (b) (c) submit or make available, [0 the National Regulator any sample as may be specified in the request, for examination, testing or analysis; or furnish to the National Regulator such infonnation as may be specified with regard to the article concerned or its manufacture or the service supplied; and comply with the sampling requirements of the compulsory specification that is 30 in force. (2) The National Regulator may examine any sample obtained in terms of this Act, or have it tested or analysed, in order to determine whether the article. component, material or substance concerned complies with or has the characteristics of or has been manufactured in accordance with the requirements of any wmpulsory specification 35 applicable in terms of this Act. (3) If any sample obtained in terms of this Act is damaged or destroyed during the process of examining, testing or analysing such sample, the National Regulator is not liable for thc damage to or destruction of that sample. except where the damage is due to negligence of the National Regulator. (4) The result of any examination. test or analysis of any sample of a commodity, product manufactured or service supplied in respect of which a compulsory specification is in force. is regarded to be valid for the whole consignment or batch from which the sample was obtained or to the similar services by the supplier, until the contrary is proved, or unless otherwise specified in the compulsory specification that is in force. 40 45 22 No. 31216 Act No. S, 2008 GOVERNMENTGAZFTTE, 4 JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT. 2008 EXECUTIVE MANAGEMENT Appointment of Chief Executive Oflicer 21. (l) The Board, with the concurrence of the Minister, must appoinl a suitably qualified person as the Chief Executive Officer. (2) The Chief Executive Officer is an employee of the National Regulator and is 5 accountable to the Board. (3) The Chief Executive Officer is responsihle for the efficient management of the National Regulator and must perform any function assigned or delegated to him or her by the Board. (4) The Chief Executive Officer holds office for an agreed term not exceeding five 10 years and may be reappointed upon the expiry of thai term of office, (5) If the Chief Executive Officer is unable to fulfil his or her functions, the Board must appoint an acting Chief Executive Officer to exercise the powers and perform the functions of the Chief Executive Ol1icer. Employment contract and performance agreement 15 22. (1) The Board must conclude a wrinen performance agreement with the Chicf Executive Officer- (0) within a rcasonablc time after the appointmcnt of the Chief Executivc Officer; (b) and thereafter, annually within one month of the commencement of each financial 20 year. (2) Thc performancc agreement must include- (a) measurable performance objectives and targets that must be met, and must provide for the lime-frames within which lhose performance objectives and targets must be met; standards and procedures for evaluating performance and intervals for evaluation; and the consequences of substandard performance. (b) (c) (3) The employment contract of the Chief Executive Officer must incorporate in an appropriate fonn section 57 of the Public Finance Management Act. Appointment or staff 23. (l) The Chief Executive Officer may, after consultation with the Board, appoint staff to assist the National Regulator in carrying out its functions. (2) The Minister may, after consultation with the Minister for the Public Service and Administration and the Minister of Finance- (a) (b) approve a human resource policy for the National Regulator; approve the remuneration, allowances, benefits and other terms and condi tions of appointment of members of staff, taking into account the Public Service Act, 1994 (Proclamation No. 103 of 1994). Services by non-employees

24. The National Regulator may contract for the services of any person, olher than an employee, to perform any specific act or function. Delegation and assignment 25. (1) The Board may delegate or assign any of its powers and duties to the Chief Executive Officer in accordance with this section. 25 30 35 40 45 24 No.31216 Act No. S, 2OlI8 GOVERNMENT GAZETTE, 4 JULY 2008 NAT10NALREGVLATOR FOR COMPULSORY SPECIFICATIONS ACT, 2008 (2) The Chief Executive Officer may delegate any power or assign any duty conferred or imposed upon the Chief Executive Officer by or under this Act to- (a) (b) any other person with appropriate knowledge and experience who is under lhe control of the Chief Ex.ecutive Officer; or any olher person, after consulting the Board. (3) A delegation or assignment under subsections (I) and (2) must be in writing and- (a) may be subject to any conditions or restrictions determined by the Board or the Chief Executive Officer; (b) does not prevent the ex.ercise of that power or the perfonnance of that duty by the Board or the Chief Executive Officer; and (c) may be withdrawn or amended by the Board or the Chief Executive Officer. FINANCIAL MANAGEMENT Funding and investments 26. (I) The funds of the National Regulator consist of~ (a) moneys appropriated by Parliament for that purpose; (b) (e) (d) money received from any olher source. income derived by the National Regulator from its investmenls; fees charged in tenTIS of section 14(3)(b); and 5 10 15 (2) The National Regulator may invest any of its funds not immediately required- (a) (b) subject to any investment policy that may be prescribed in terms of section 20 7(4) of the Public Finance Management Act: and in such manner as may be approved by the Minister in consultation with the Minister of Finance. Application of Public Finance Management Act 27. (I) The National Regulator is a national public entity and must comply with the 25 Public Finance Managemenl Act. (2) For the purposes of the Public Finance Managemenl Act- (a) (b) (c) the Board is the accounting authority as contemplated by section 49(2)(a) of that Act; the Minister is the executive authority as cOnlemplated by section 52 of the 30 Public Finance Management Act; and any delegation or assignment of the Board's powers and duties must be in accordance with section 56 of the Public Finance Management Act Financial year and accounting

28. The financial year of the National Regulator is from I April in any year to 31 March in the following year, except that the first financial year of the National Regulator begins on the date that this Act comes into operation. and ends on 31 March next following that date. 35 GENERAL PROVISIONS Disclosure of certain information in public interest 40 29. (I) The Chief Executive Officer may, notwithstanding section 32, if it is necessary in the public interest. reveal- (a) any information which he or she considers necessary to prevent the public from being misled concerning any aspect regulated by this Act: 26 No.3J216 Act No.5, 2008 GOVERNMENT GAZETTE, 4 JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT. 2008 (b) (c) that a commodity is not the faci specification; or the name of a person who docs not comply with or does not comply fully with a provision of this Act or any aspect regulated by Ihis ACI. in compliance with a compulsory (2) The disclosure referred to in subsection (I) may include the Irade name and trade 5 mark of a commodity or product. Presumption

30. If it is necessary for the purposes of this Act to determine the importer of an article, the person who is indicated on the documents concerning the import transaction as lhe importer is. in the absence of evidence to the contrary which raises reasonable 10 doubt, presumed to be the importer of that article. Certain acts not interpreted as assurances or guarantees

31. The fact that anything haf> been done under this Act by the Minister, the National Regulator, the Board, a member of the Board, a committee referred to in section 11 or a member of such committee, the Chief Executive Officer or an employee of the National Regulator in connection with any article, material, substance, act or matter, may not be interpreted as an assurance or a guarantee of any nature in respect of that article, material, substance, act or matter. 15 Confidentiality of certain information 32, Any person who is or was concerned in fhe performance of any function in terms 20 of this Act, may not disclose any information which he or she obtained in the performance of such a function, except- (a) (b) (c) (d) (e) to the Minister; to any person who of necessity requires it for the performance of his or her functionf> in terms of thif> Act; ifhe or she is a person who of necessity supplies it in the performance of his or her functions in terms of this Act; if such information is required in terms of any law or as evidence in any court of law: or to any competent authority which requires it for investigation with a view to the institution, of any criminal prosecution. the institution, or an 30 25 Liability of National Regulator 33, (I) The State Liability Act, 1957 (Act No. 20 of 1957), applies in respect of the National Regulator, and in such application a reference in that Act to a Minister of a department must be construed as a reference to the Chief Executive of the National 35 Regulator. (2) No person is liable for anything done or omitted in good faith when perfonning a function in lermf> of this Act. Offences and penalties 34, (I) A person is guilty of an offence and liable on conviction to a fine or to 40 imprisonment for a period not exceeding one year if that person- (a) (b) contravenes or fails to comply with section 14(1), (2) or (3),19(2) or 20(1 )(a), (b) or (c); fails to keep a commodity or product or consignment or balCh in his or her possession or under his or her control at or on specified premises as 45 contemplated in section 15(1); 28 No. 31216 Act No. S. 2008 GOVERNMENT GAZETfE, 4 JULY 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT. 2008 (C) (d) (e) (f) (g) (h) tampers with or disposes of a commodity or product or consignment or batch in contravention of a directive issued under section 19( 1)(g); fails to co-operate and furnish assistance 10 an inspector as cOnlemplated in seclion 18(2); fails to appear before an inspector for questioning as contemplated in section 19(1)(g); discloses any information in contravention of section 32; falsely represents any material or substance to be reference material supplied by the National Regulator: falsely holds himself or herself out to be an inspector for the purposes of this Act; 5 10 (i) makes any relevant statement [0 an inspector which is false in any material respect, knowing it to he false; refu,"s or fail, to answer to the hest of his ur her knowledge any reb,nt question which an inspector has in the exercise of his or her powers put to him IS or her; refuses or fails to comply to the best of his or her ability with any lawful requircment, demand or order of an inspector; or hinders or obstructs an inspector in the exercise of his or her powers. (j) (k) (f) (2) If any person is again convicted of an offence in terms of this Act, whether it he 20 for the same or some other offence, conviction liable 10 a fine or imprisonment for a pl,lriod not exceeding four years. that person is for the second or subsequent (3) A courl convicting any person of an offence in terms of this Act may, in addition to any penalty imposed in respect of that offencc- (a) (b) and subject to the provisions of subsection (4), order that a commodity or a 2S consignment or batch of a commodity, any other article, or any material or substance in respect of which that offence was committed, he forfeited to the State; and 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 30 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) The Board must generally or in a particular case determine the manner in which the forfeited goods referred to in subsection (3)(a) shall be dealt with. (5) Section 35(4) of the Criminal Procedure Act, 1977 (Act 51 of 1977), applies with the necessary changes in the case of a forfeiture referred to in subsection (~)(a). (6) Notwithstanding anything to the conlrary in any other law contained, a magistrate's court is competent to impose any penalty provided for in this Act. Transitional provisions 3S 40 35. (I) For purposes of this section, "effective date" means the date on which the National Regulator is established as a public entity. (2) As from the effective date: (a) All assets, liabilities, rights and obligations of the regulatory department of (b) (c) SABS are transferred to the National Regulator; all employees of SABS employed in the regulatory department and administrative staff responsible for administrative support with regard to compulsory specifications are transferred to the National Regulator in tenns of section 197 of the Labour Relations Act, 1995 (Act No. 66 of 1995); all notices, designations and certificates issued in terms of the Standards Act, 50 1993 (Act No. 29 of 1993), in respect of any mailer dealt with in this Act are deemed to have been issued in tenus of this Act; and 45 30 30 No. 31216 No. 31216 Act No.5, 2008 Act No. 5, 2008 GOVERNMENT GAZElTE, 4 JULY 2008 GOVERNMENT GAZETTE, 4 JULY 2008 NATIONAL REGULATOR FOR NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT, 2008 COMPULSORY SPECIFICATIONS ACT, 2008 all regulalions promulgated in terms oflhe Standards Act, 1993 (Act No. 29 of (d) (d) all regulations promulgated in terms of the Standards Act, 1993 (Act No. 29 of 1993), in respect of any matter dealt with in this Act are deemed to have been 1993), in respect of any matter dealt with in this Act are deemed to have been issued in terms of this Act. issued in terms of this Act. (3) For the purposes of the application of subsection (2), the Minister may with the (3) For the purposes of the application of subsection (2), the Minister may with the concurrence of the Minister of Finance. make a binding written determination- concurrence of the Minister of Finance, make a binding written determination— 5 5 (a) (a) (b) (b) liability, right or obligation is an asset, liability, right or that an asset, that an asset, liability, right or obligation is an asset, liability, right or obligation of the regulatory department of the SABS; obligation of the regulatory department of the SABS; that an employee oflhe SABS is employed in the regulatory department oflhe that an employee of the SABS is employed in the regulatory department of the SABS. SABS. (4) A compulsory specification referred to in section 22 of the Standards Act, 1993 10 (4) A compulsory specification referred to in section 22 of the Standards Act, 1993 10 (Act No. 29 of 1993), which is in force in terms of the provisions of that Act immediately (Act No. 29 of 1993), which is in force in terms of the provisions of that Act immediately before thc commencement of this Act, is deemed to be a compulsory specification before the commencement of this Act, is deemed to be a compulsory specification declared in terms of this Act. declared in terms of this Act. (5) If a compulsory specification conlemplated in subsection (4) is amended in terms (5) If a compulsory specification contemplated in subsection (4) is amended in terms 15 of this Act, any reference to that compulsory specification must be construed as a of this Act, any reference to that compulsory specification must be construed as a 15 reference to the compulsory specification 3S amended. reference to the compulsory specification as amended. (6) Any notice issued in terms of section 22(6)(a) to (c) of the Standards Act, 1993 (6) Any notice issued in terms of section 22(6)(a) to (c) of the Standards Act, 1993 (Act No. 29 of 1993), which is in force at the commencement of this Act, is deemed to (Act No. 29 of 1993), which is in force at the commencement of this Act, is deemed to be a notice issued in terms of section 13(6) of this Act. be a notice issued in terms of section 13(6) of this Act. Regulations Regulations 20 20 36. (I) The Minister may, after consultation with the Board, make regulations, that are 36. (1) The Minister may, after consultation with the Board, make regulations, that are not inconsistent with this Act- not inconsistent with this Act— regarding any matter that mayor must be prescribed in terms of this Act; (a) regarding any matter that may or must be prescribed in terms of this Act; (a) regulating- (b) regulating— (b) 0) (i) (ii) (ii) the process for the issuing of a permit; or the process for the issuing of a permit; or lime limits for the wilhdrawal of directives issued by the Chief Executive time limits for the withdrawal of directives issued by the Chief Executive Ofticer; and Officer; and (c) regarding any other ancillary or incidental administrative or procedural matter regarding any other ancillary or incidental administrative or procedural matter (c) that is necessary to prescribe for the proper implementation or administration that is necessary to prescribe for the proper implementation or administration of this Act. of this Act. 25 25 30 30 (2) The power to make regulations under subsection (1) includes the power (2) The power to make regulations under subsection (I) includes the power conditionally or unconditionally to restrict or prohibit any matter referred to in that conditionally or unconditional1y to restrict or prohibit any maHer referred to in that subsection and to grant exemptions from, or to allow deviations with regard to, the subsection and to grant exemptions from, or to allow deviations with regard 10, the payment of the prescribed fees contemplated in section 14(3)(b). payment of the prescribed fees contemplated in section 14(3)(b). (3) Regulations which differ (3) Regulations which differ in such respects as may be necessary in the 35 in such respects as may be necessary in the 35 circumstances may, subject to the provisions of this Act, be made under subsection (1) circumstances may, subject to the provisions of this Act, be made under subsection (1) in respect of different areas in the Republic or different commodities. in respect of different areas in the Republic or different commodities. Short title and commencement Short title and commencement

37. This Act is called the National Regulator for Compulsory Specifications Act,

37. This Act is ca1led the National Regulator for Compulsory Specifications Act, 2008, and comes into operation on a date determined by the President by proclamation 40 2008, and comes into operation on a date determined by the President hy proclamation 40 in the Gazette. in the Gazette.