8. The following section is hereby inserted in the Customs and Excise Act, 1964, after 4.5 section 3A: “Duties and powers of Director-General: Agriculture 3B. (1) Any duty imposed or p w e r conferred by this Act on the Director-General: Agriculture, may be performed or exercised by him or her personally or by an officer under delegation from or under the control or direction of the said Director-General. (2) Any decision made under subsection (1) by any such officer may be withdrawn or amended by the said Director-General or by the officer (with effecl from the date of making such a decision or the date of withdrawal or amendment thereof) and shall, until it has heen so withdrawn, be deemed, except for the purposes of this subsection, to have been made by that Director-General. ” . 50 55 18 No. 29604 GOVERNMENT GME’ITE, 7 FERRIJARY 2007 Act No. 21,2006 REVENUE LAWS SECOND AMENDMENT ACT, 2006 Amendment of section 4 of Act 91 of 1964, as amended by section 2 of Act 105 of 1969, section 2 of Act 110 of 1979, sectinns 3 and 15 of Act 98 of 1980, section 2 of Act 84 of 1987, section 4 of Act 59 of 1990, section 1 of Act 105 of 1992, section 1 of Act 98 of 1993, section 2 of Act 45 of 1995, Schedule 3 of Act 34 of 1997, section 58 of Act 30 of 1998, section 47 of Act 53 of 1999, section 115 of Act 60 of 2001, section 43 of Act 30 of 2002, section 39 of Act 12 of 2003, section 133 of Act 45 of 2003 and section 10 of Act 10 of 2006 9. (1) Section 4 of the Customs and Excise Act, 1964, is hereby amended- (a) by the substitution in subsection (3) for the words preceding the proviso of the following words: “The Commissioner or any officer shall not disclose any information relating to any person, firm or business acquired in the performance of h s duties, except[- (a) for the purposes of this Act; or (b) when required to do so as a witness in a court of law] performance of h s or her duties under this Act or by order of a competent court”; 5 10 15 (b) by the substitution in subsection (8A) for paragraph (a) of the following paragraph: “ ( a ) An officer may stop and detain and examine any goods 20 under customs control in order to determine whether the provisions of ths Act or any other law have been complied with in respect of such goods as conteinplated in section 107(2)(a).”; and (c) by the substitution in subsection (8A)(b) for subparagraph (ii) of the following subparagraph: “(ii) (aa) (A) For the purposes of this subsection, unless the context otherwise indicates, “examine” includes using an X-ray scanner or anq other non-intrusive inspection methods. (B) No person shdi enter any restricted area where non-intrusive equipment is operated unless authorised by the Controller. (bb) The Commissioner may hy rule prescribe- (A) any requirement any person musl comply with in connection witk such non-intrusive inspection; (B) notwithstanding the provisions of section 8, any additional advancc information required in respect of any goods that will be imported or exported in such form and at such time as may be specified in such rule; (C) any other matter which the Commissioner considers necessary and useful for the purpose of the effective and efficient use of such equipment and the results obtained from its operation. (cc) Notwithstanding anything to the contrary in this Act, any non-intrusive or other examination may take place in the absence of any importer, exporter, port or airport authority, container operator, agent or any licensee or any other person having control of the goods concerned. (dd) Any person who- (A) without authorisation by the Controller enters any restricted area where non-intrusive equipment is operated; (B) with the intent to deceive, does anything to prevent equipment from producing a true image of the contents of any container or package, shall be guilty of an offence and liable on conviction- (C) in the case of item (A) to a fine not exceeding R10 000 or imprisonment for a period not exceeding three years or both such fine or imprisonment; and (D) in the case of item (B) to a fine not exceeding RlOO 000 or treble the value of the goods in respect of which the offence was committed whichever is the greater or imprisonment for a period not exceeding five years or both such fine and imprisonment and the goods concerned shall be liable to forfeiture in accordance with the provisions of this Act.”. 25 30 35 40 15 50 55 20 No. 29604 GOVERNMENT GAZETTE, 7 JEBRUARY 2007 Act No. 21, 2006 REVENIJE LAWS SECOND AMENI>MEN“ ALT, 2006 (2) Subsection (1) shall come into operation on a date fixed by the President by proclamation in the Gazette. Amendment of section 6 of Act 91 of 1964, as amended by section 2 of Act 71 of 1975, section 1 of Act 52 of 1986, section 6 of Act 59 of 1990, section 3 of Act 45 of 1995, section 116 of Act 60 of 2001 and section 134 of Act 45 of 2003 5 .) Section 6 of the Customs and Excise Act, 1964, is hereby amendd- by the substitution for the heading of the following heading: “[Appointment ofl Power to appoint, prescribe or desigpate places of entry, ports, customs and excise airports, customs controlled areas, secure premises, authorized roads and routes, entrances and - exits, etc.”; by the substitution in subsection (1) for the words preceding paragraph (a) of the following words: 10 “The Commissioner may, notwithstanding the provisions of any other Act and subject to such conditions as he or she may specify, by rule appoint, [or] prescribe or designate-”; 15 by the insertion in subsection ( I ) after paragraph (a) of the following paragraph: “(aA) the area of any place including the area of any port, customs and excise airport or land border or any part or parts thereof or any other place through or from which goods or persons enter or leave the Republic as a custonx controlled area;”; by the substitution in subsection ( 1 ) for paragraph (8) of the following paragraph: “(g) places where secure premises to be known as transit sheds may be es tabli shed- (i) into or to which imported break bulk goods may be removed from a ship or vehicle; or lii) from which break bulk goods for export may be packed into or loaded on to any ship or vehicle;”; by the deletion in subsection (1) of paragraph (gA); by the substitution in subsect.ion (1) for paragraph (h) of the following paragraph: “(h) entrances and exits, general or special, to or from any dock or wharf area or any other place in any port, customs and excise airport, border, customs controlled area or any other place through or from which goods or persons may enter or leave the Republic;” by the insertion in subsection (1) after paragraph (hC) of the following paragraph? : “(lzD) combination terminals- (i) where containerised and break bulk imported goods may be landed for- (aa) transit or coastwise carriage; (bb) delivery of the containerised goods to a container depot; (cc) delivery of break bulk goods to a transit shed; or (dd) delivery, after their contents have been duly entered, to the importer or the importer’s agent; or (ii) from where containerised or break bulk goods may be shippd for export; (hE) bulk goods terminals- (i) wherein bulk imported goods may be discharged from a ship or vehicle; or (ii) wherefrom bulk goods may be loaded into or on to any ship or vehicle for export; (hF) road vehicle terminals, where- (i) imprted vehicles on wheels may be landed; or (ii) vehicles on wheels may be loaded into or onto a ship or vehicle for export;”; and 20 25 30 35 40 45 50 55 22 No. 29604 GOVERNMENT GAZETTE, 7 FEBRUARY 2007 Act No. 21, u)o6 REVENUE LAWS SECOND AMENDMENT ACT, 2006 (h) by the addition of the following subsection: “(6) Except where the Commissioner determines otherwise by rule, no person shall- (a) be in control of, or receive, deliver, remove, store or otherwise deal with any imported goods landed from any ship or vehicle; or (b) load any goods or cause goods to be loaded in to or on to any ship or vehicle for export, I 5 unless such person is a licensee of premises licensed in ternx of this Act.”. (2) S u b s e c t i T l ) shall come into operation on a date fixed by the President by 10 Proclamation in the Gazette. Insertion of section 6A of Act 91 of 1964 11. (1) The following section is hereby inserted in the Custom$ and Excise Act, 1964, after section 6: “Special provisions in respect of customs controlled areas 15 6A. (1) The Commissioner may control the importation, exportation, manufacture or use of goods and the movement of persons or goods in a custom controlled area. (2) The Commissioner may after consultation with any person or authority who administers any activity in any custom controlled area, determine the manner in which any such controlled area- (a) must be secured; and (b) must be signposted so as to g v e persons present in the area a clear indication that it is an area under customs control. (3) (a) An officer stationed at an entrance or exit contemplated in section 6(1)(h) may stop any person from entering or leaving a customs controlled area and he or she may search such person or a vehicle under the control of such person. (b) If such person fails to stop, the officer may take such action, including the use of force, as may reasonaldy be necessary to stop such person or vehicle. (4) Any person entering, leaving or present in a customs controlled area must comply with such controls and procedures as the Commissioner may prescribe by rule. (5) The Commissioner may by rule- (a) specify the limits of any customs controlled area; (b) prescribe- (i) any conditions relating to the entry or exit of goods and persons into or from a customs controlled area; (ii) measures relating to the appropriate identification of persons entering, present in or leaving a customs controlled area; (iii) any other matter which is necessary to prescribe or useful to acheve the efficient and effective control of goods and Frsons in a customs controlled area.”. 20 25 30 35 40 Amendment of section 7 of Act 91 of 1W4, as amended by section 3 of Act 105 of 1969, section 3 of Act 71 of 1975, section 1 of Act 1% of 1976, section 4 of Act 98 of 1980, section 1 of Act 101 of 1yS5, section 7 of Act 59 of 1990 and section 4 of Act 45 of 1995 1.5 12. (1) Section 7 of the Customs and Excise Act, 1964, is hereby amended by the insertion after subsection (1A) of the following subsection: “(1B) Notwithstanding subsections (1) and (IA), an arrival report and a schedule report or departure report relating to any foreign-going ship or aircraft calling at any place in the Republic shall be submitted electronically by such persons at such times as may be prescribed by rule.”. 50 24 No. 29604 GOVERNMENT G A Z m E , 7 FEBKUARY 2007 Act No. 21, uN)6 REVEMJE LAWS SECOND AMENDMENT ACT, 2006 (2) Subsection (1) shall come into operation on a date fixed by the President by proclamation in the Gazette. Amendment of section 8 of Act 91 of 1964, as inserted by section .% of Act 19 of 2001 and amended by section 117 of Act 60 of 2001 13. (1) Section 8 of the Customs and Excise Act, 1964, is hereby amended- ( a ) by the substitution for the words preceding paragraph (a) of the following words: “Notwithstanding the provisions of sections 7 and 12, the Commissioner may by rule prescribe requirements in respect of the report of cargo and that-”; and (b) by the addition of the following subsections, the current section h o m i n g subsection (1): “(2) Where the Commissioner prescribes that any report must be submitted prior to cargo for export being packed into or loaded on io a s h p or vehicle, no cargo shall be so packed or loaded before- ( a ) such report is received by the Controller; and ( b ) release of the cargo has been granted as prescribed in the rules. (3) (a) Any such outturn report or other reprt shall reflect full particulars concerning any excess or deficiency in respect of any good9 landed, received, unpacked, packed or loaded, as the case may be, according to any manifest or other report contemplated in subsection (1). (b) Where any imported goods reported in any manifest or other report are not landed or- (i) (ii) any container or package is landed with visible evidence of any such goods not reported are landed; or tampering or any deficiency is suspected, any person completing any outturn report on landing of the goods shall examine and report on such goods in the presence of the carrier or the agent of the carrier, as may be prescribed by rule. (4) (u) Any exporter who- (i) packs or loads cargo or causes cargo to be packed or loaded in contravention of subsection (2); or fails to report cargo or makes any false or misleading statement in connection with any report to which this section relates, (ii) 5 10 15 20 25 30 shall be guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding five years or to both such fine and imprisonment. 35 f b ) Such cargo shall be liable to forfeiture in accordance with the , , provisions of this Act.”. (2) Subsection (1) shall come into operation on a date fixed by the President by proclamation in the Gazette. Substitution of section 11 of Act 91 of 1964, as substituted by section 6 of Act 45 of 1995 14. (1) The following section is hereby substituted for section 11 of the Customs and Excise Act, 1964: “Landing of imported goods and loading of goods for export 11. (1) All goods- (i) placed into or delivered to a- (aa) container terminal; (bo) combination terminal; (cc) transit shed; 40 45 26 No. 29604 GOVERNMENT GAZElTE, 7 FEBRUARY 2007 Act No. 21,2006 REVENIJE LAWS SECOND AMENDMENT ACT, 2006 (dd) bulk goods terminal; (ee) road vehicle terminal; Iff) container depot; (gg) degrouping depot; or (ii) delivered to- (uu) the State warehouse; or (hh) any other place, with the permission of the Conimis- (h) exported, shall- sioner; (i) except if the Commissioner determines otherwise by rule, he delivered to the licensee of any of the premises contemplated in paragraph (a)(i) and loaded therefrom on to the ship or vehicle by means of which the goods are exported; (ii) be delivered to such premises at such time prior to export as the Commissioner may determine hy rule. (2) The master, pilot or other carrier shall, where goods have not been duly entered and released before landing, be liable for the duty on all goods that have been landed and not placed into or delivered as contemplated in subsection (l)(u).”. (2) Subsection ( 1 ) shall come into operation on a date fixed by the President by proclamation in the Gazette. Insertion of section 11A in Act 91 of 1964 15. (1) The following section is hereby inserted in the Customs and Excise Act, 1964, after section 1 I : “Seals and sealing of containers and sealing of packages and vehicles 11A. (I) (a) For the purposes of security of goods under custom control- (i) any container contemplated in section l(2); (ii) any vehicle with built up closed body; (iii) any road tanker; (iv) any other vehicle or part of a vehicle; or (v) any package as may he determined by rule, must have such security seals affixed thereto or the goods must be otherwise secured by such fastenings in such a manner and in compliance with such standards or other specifications as may be prescribed by rule. (0) The Commissioner may fix a date by rule whereafter all goods under customs control must be so secured before being entered or declared, removed or otherwise dealt with in t e r n of any procedure to which ths Act relates. (c) (i) Such seals or fastenings must be supplied and affixed at the risk and expense of‘ any person contemplated in section 107( l)(a). (ii) If any person fails to affix any such seal or fastening, an officer may at the risk and expense of the person concerned affix the seal or fastening on payment of the costs prescribed by rule. (d) Notwithstanding paragraph (c), the Commissioner may at any time affix a seal or fastening or any additional seal or fastening or replace any seal or fastening on any container. (2) Any person who tampers with or except as authorised by rule or on good cause shown, removes, breaks or damages any seal or fastening contemplated in this section while the goods are under customs control, shall be guilty of an offence and on conviction liable to a fine or imprisonment for a period not exceeding five years or to both such fine and such impnsonment. (3) The Commissioner may make rules- (a) regarding h e keeping and affixing of seals and recording of seal numbers; 30 35 40 45 YO $5 28 No. 29604 GOVERNMENT GAZETTE, 7 FEBRUARY 2007 Act No. 21. 2006 REVENUE LAWS SECOND AMENDMENT ACT, 2006 (b) specifying records to be kept of the inspection of seals or fastenings while goods are under customs control and the circumstances in which, and the requirements that mwt he met when seals or fastenings are replaced, (c) as to all matters whch in this section are required or perrmtted to be prescnbed by rule; 5 (d) iii respect of any other matter which the Comrmssioner may reasonably consider to he necessary and useful to achieve the efficient and effective adrmnistration of the provisions of this section.” (2) Subsection (1) shall come into operation on a date fixed by the President by 10 proclamation in the Gazette Amendment of section 18 of Act 91 of 1964, as amended by section 2 of Act 95 of 1%5, section 6 of Act 105 of 1969, section 4 of Act 71 of 1V5, section 3 of Act 105 of 1976, section 3 of Act 112 of 1977, section 4 of Act 84 of 1987, section 13 of Act 59 of 1990, section 11 of Act 45 of 1995, section 48 of Act 53 of 1999, section 37 of Act 19 of 2001, section 119 of Act 60 of 2001, section 102 of Act 74 of 2002, section 21 of Act 34 of 2004 and section 87 of Act 31 of 2 0 5 15 16. (1) Section 18 of the Customs and Excise Act, 1964, is hereby amended by the substitution in subsection (1) for paragraphs (d) and ( e ) of the following paragraphs, respectively: 20 “(d) a container operator may, subject to section 44, remove any container in bond to the container depot or container terminal to which it was consigned, [without furnishing the security provided for in subsection (6) of this section,] and the manifest of the goods packed in such container shall be deemed to he due entry for removal in bond of that container; (f) the pilot of any aircraft or an airline may remove in bond any goods landed from any aircraft at a place in the Republic and for which an air cargo transfer manifest has been completed to [their place of entry for the Republic without furnishing the security provided for in subsection (6)] a licensed transit shed in the common customs area, and such air cargo transfer manifest shall be deemed to he due entry for removal in bond of such goods;”. (2) Subsection (1) shall come into operation on a date fixed by the President by 25 30 proclamation in the Gazette. Amendment of section 21 of Act 91 of 1964, as amended by section 9 of Act 105 of 1%9, section 44 of Act 30 of 2002, section 22 of Act 34 of 2004 and section 1 of Act 10 of 2005 35