National Regulator for Compulsory Specifications Act 5 of 2008
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REPUBLIC OF SOUTH AFRICA
Vol. 517 Cape Town 4 July 2008 No. 31216
THE PRESIDENCY No. 728 4 July 2008
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 5 of 2008: National Regulator for Compulsory Specifications Act, 2008.
Ad No.5, 2008
GOVERNMENT GAZETTE, 4 JULY 2008
NAT10NAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT. 2008
(Ellglish text signed by the President.) (Assented to J July 2008.)
ACT To provide for the establishment of the National Regulator for Compulsory Specifications of South Africa; to provide for the appointment of the Board of the National Regulator; 10 provide for the administration and maintenance of compulsory specifications in the interests of public safety and health or for environmental protection; and to provide for matters connected therewith.
WHEREAS iI is desirable to- • PROMOTE the rights and obligations of government to prolect the health and
safety of the public and the environment; • ESTABLISH the National Regulator for Compulsory Specifications of South
Africa to be responsible for the administration and maintenance of compulsory specifications and the implementation of a regulatory and compliance system for compulsory specificalions; and
• PROVIDE for market surveillance by lhe National Regulator in order to ensure compliance with the compulsory specifications and to provide for sanctions for non-compliance to compulsory specifications,
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa,as follows:- TABLE OF CONTENTS
INTERPRETATION AND PURPOSE OF ACT
1. Definitions 2. Purpose of Act
ESTABLISHMENT OF NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS OF SOUTH AFRICA AS PUBLIC ENTITY
3. 4. 5.
Establishment of National Regulator Powers of National Regulator Objects of National Regulator
BOARD OF NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS OF SOUTH AFRICA
6. Appointment of members and Chairperson of Board of National Regulator 15 7. Term of office 8. Disqualification 9. Conditions of appointment 10. Operating procedures of Board
4 NO.31216 GOVERNMENT GAZEllE, 4 JULY 2008
Act No.5, 2008 NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS ACT, 2008
11. Committees 12. Advisory Forum
n Compulsory specifications 14. Effect of declaration as compulsory specification 15. Non-conformance to compulsory specification 16. Appointment of market surveillance inspeclOfs 17. Powers of entry 18, Identification prior to entry and co-operation with inspectors 19. Powers 10 question and do market surveillance inspections 20. Samples and information
21. Appointment of Chief Executive Officer 22. Employment conlract and performance agreement 23. Appointment of statf 24. Services by non-employees 25. Delegation and assignment
26. Funding and investments 27. Application of Public Finance Management Act 28. Financial year and accounting
29. Disclosure of certain infolTnation in public interest 30. Presumption 31. Celtain acts not intcrpreted as assurances or guarantces 32. Confidentiality of certain information 33. Liability of National Regulator 34. Offences and penalties 35. Transitional provisions 36. Regulations 37. Shon title and commcncemcnt
INTERPRETATION AND PURPOSE
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;
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Act No. S, 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; 5 "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