Revenue Laws Second Amendment Act [Act 21 of 2006]


Government Gazette
REPUBLIC OF SOUTH AFRICA

Vol. 501 Cape Town 7 February 2007 No. 29604
THE PRESIDENCY No. 111 7 February 2007
It is hereby notified that the President has assented to the following Act, which is hereby published for general information:–
No. 21 of 2006: Revenue Laws Second Amendment Act, 2006

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Act No. 21, 2006 REVENUE LAWS SECOND AMENDMENT ACT. 2006
GENERAL EXPLANATORY NOTE:
r ] Words in hold type in square brackets indicate omissions from existing enactments.
Words underlined with a solid line indicate insertions in existing enactments.
(English text signed by tlze Presiden1.) (Assmtcd to 3 February 2007. )
ACT To amend the Estate Duty Act, 1955, so as to provide for the decbration of an agent; to regulate the rights and duties of that agent; to amend the Income Tax Act, 1%2, so AS to extend the application of the objection and appeal procedure; to extend the exceptions to the secrecy provisions; to provide for the delegation of powers and duties by the Minister; to amend the regulation of reportable arrangements; to amend the Customs and Excise Act, 1964, so RS to insert, amend and delete certain definitions; to pmvide for powers and duties of the Director- Ceneral: Agriculture; to further regulate the circumstances in which the Commissioner or any officer may disclose information; to provide that goods m y be examined by using an X-ray scanner or other non-intrusive inspection methods and matters relating thereto; to further provide for ~ I R C S that may be appointed, prescribed or designated where imported goods may be landed or from where goods may be exported; to provide for special provisions in relation to customs controlled areas; to further regulate reporting of the arrival and departure of R foreign-going ship or aircraft; to further regulate provisions relating to cargo reports; to amend provisions relating to the landing of imported g o d s and the loading of goods for expert; to provide for seals and sealing of containers, sealing of packages and vehicles and goods to be secured by other fastenings and matters incidental thereto; to further regulate the removal of goods in bond by R container operator or pilot of an aircraft or an airline; to further regulate the storage and entry of goods free of duty in R customs and excise warehouse; to amend definitions and delete a reference to a customs controlled area enterprise permit in provisions for the RdminktrRtion of a CUstmnS controlled area in an industrial development zone; to repeal section 31; to amend provisions in respect of biofuel so as to RIIOW the Commissioner to exempt by rule any person or class of persons from licensing and to exempt a registered manufacturer from payment of duty a$ may be prescribed by rule; to amend the provisions relating to the time of entry of goods for export, when goods are deemed to have been exported and to require that the Controller must be informed concerning ti change in mode of transport of goods as may be prescribed by rule; to delete an obsolete appe~l provision; to provide for licensing of container terminals, combination terminals, road vehicle terminals, bulk goods terminals, container operators and transit sheds; to provide for R penal provision; to provide that notice must be delivered where any person applies to the High Court for the sale of arrested property under the Admiralty Jurisdiction Regulations (Act No. 105 of 1983); to provide for the licensing of an agent of R master, pilot or other carrier and to define airline and shipping line; to further regulate the handling of and dealing with goods; to further regulate provisions empowering the Commissioner to make rules; to amend the Value-Added TRX Act, 1991, so (IS to extend the exceptions to the secrecy provisions; to extend the list of
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Act No. 21,2006 REWNIJE LAWS SECOND AMENDMENT ACT, 2006
vendors who may account for VAT on the payments basis; to amend the minimum amount required in respect of acquisition of second-hand goods; to amend and further provide for the issuing of binding VAT rulings; to amend the IJncertificated Securities Tax Act, 1998, so as to clarify the provisions regulating the recovery of tax by a member or participant; to amend the Revenue Laws Amendment Act, 2001, so as to repeal section 42 thereof; to amend the Second Revenue IAWS Amendment Act, 204 , so as to delete the Advance Tax Ruling provisions from the Value-Added Tax Act; to amend the Taxation Laws Second Amendment Act, 2005, so as to delete the Advance Tax Ruling provisions from the Value-Added I k x Act; to amend the Revenue Laws Second Amendment Act, 2005, so as to further regulate a request for reasons; to amend the Second Small Business Tax Amnesty and Amendment af Taxation Laws Act, 2006, so as to provide that the rules relating to objection and appeal apply to the amnesty for smell business; to exempt an auditor from certain provisions of the Auditing Profession Act, 2 0 5 ; and to effect certain textual and consequential amendmenb; and to provide for matters connected therewith.
E IT ENACTED by the Parliament of the Republic of South Africa, as B foii0W~:- Insertion of sections 12A and 12B in Act 45 of 1955
1. The following sections are hereby inserted in the Estate Duty Act, 1955, after section 12: 5
“Power to appoint agent
12A. For the purposes of this Act, the Commissioner may declare any person to be the agent of my other person, and the person so declared an agent- (a) shall be the agent of that other person in respect of the payment of any
amount of duty or interest under this Act; and (b) may he required to make payment of that duty or interest from any
moneys which may be held by that agent for or be due by that agent to the person whose agent he or she has been declared to be:
Provided that a person so declared an agent who is unable to comply with a requirement of the notice of appointment as agent, must advise the Commissioner in writing of the reasons for not complying with that notice within the period specified in the notice.
Remedies of Commissioner against agent or trustee
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12B. The Commissioner shall have the same remedies against all 20 property of any kind vested in or under the conlrol or management of any agent or trustee as the Coinmissioner would have against the property of any person liable to pay any duty or interest and in such a full and ample manner. ” .
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Act No. 21, 2006 E W N I IE LAWS SECOND AMENDMENT ACT, 2006
Amendment of section 3 of Act 58 of 1962, as amended by section 3 of Act 141 of 1992, section 3 of Act 21 of 1994, section 3 of Act 21 of 1995, section 20 of Act 30 of 1998. section 3 of Act 59 of 2000, section 6 of Act 5 of 2001, section 4 of Act 19 of 2001, section 18 of Act 60 of 2001, section 7 of Act 74 of 2002, section 13 of Act 45 of 2003 and section 4 of Act 16 of 2004
2. (1) Section 3 of the Income Tax Act, 1962, is hereby amended by the substitution
“(4) Any decision of the Commissioner under the definitions of ‘benefit fund’, ‘pension fund’, ‘provident fund’, ‘retirement annuity fund’ and ‘spouse’ in section 1, section 6, section 8(4)(b), (c), (d) and (e) , section 9D, section 10( l)(cH), (cK), (e), (iA), (j) and (nB), section ll(e), (fl, (g), (gA), (jl, ( I ) , ( t ) , (4 and ( ~ j ) , sectioil 12C, section 12E, section 12G, section 13, section 14, section 15, section 22(1), (3) and (3, section 24(2), section 24A(6), section 24C, section 24D, section 241, section 25D, section 27, section 30, section 30A, section 31, section 35(2), section - 37A, section 38(4), section 41(4), section 57, section 76A, section SOB and section - SOS, paragraph 6,7,9, 13,13A, 14, 19 and 20 of the First Schedule, paragraph (b) of the definition of ‘formula A’ in paragraph 1 and paragraph 4 of the Second Schedule, paragraphs 18, 19(1), 20, 21, 24 ‘and 27 of the Fourth Schedule, paragraphs 2,3,6,9 and 11 of the Seventh Schedule and paragraphs 29(2A), 29(7), 31 (2), 65( l)(d) and 66(l)(e) of the Eighth Schedule, shall be subject to objection and appeal. ” .
(2) Subsection (1) shall come into operation when Part IIA of Chapter I11 of the
for subsection (4) of the following subsection:
Income Tax Act, 1962, comes into operation.
Amendment of section 4 of Act 58 of 1962, a$ amended by section 6 of Act 55 of 1966, section 4 of Act 104 of 1979, section 3 of Act 96 of 1981, section 3 of Act 85 of 1987, section 3 of Act 70 of 1989, section 4 of Act 21 of 1994, section 3 of Act 36 of 1996, section 34 of Act -34 of 1997, section 21 of Act 30 of 1998, by section 11 of Act 53 of 1999, section 14 of Act 30 of 2000, section 19 of Act 60 of 2001, section 8 ofAct 74 of 2002, section 34 of Act 12 of 2003, section 14 of Act 45 of 2 0 3 and section 9 of Act 10 of 2006
3. Section 4 of the Income Tax Act, 1962, is hereby amended by the substitution in the proviso to subsection (1) for sul3paragraph (i) of paragraph (e ) of the following subparagraph:
“(i) any taxpayer which is [a public entity] an institution contemplated in section 3( l)[(b)] of the Public Finance Management Act, 1999 (Act No. 1 of 1999), or an entity contemplated in section 3 of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003), to the extent necessary for performing the functions and exercising the powers of the National Treasury in terms of those Acts; or”.
Insertion of section 4A of Act 58 of 1962
4. The following section is hereby inserted in the Income Tax Act, 1962, after section 4:
“Exercise of powers and performance of duties by Minister
4A. The powers conferred and the duties imposed upon the Mmister by or under the provisions of this Act may be exercised or performed by the Minister personally or delegated by the Minister to the Director-General of the National Treasury and the Dlrector-General may in turn delegate the powers and duties so delegated to h m or her to any officer or person under his or her control, direction or supervision ”
Repeal of section 76A of Act 58 of 1962, as inserted by section 69 of Act 45 of 2003 and amended by section 13 of Act 32 of 2005
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5. (1) Section 76A of the Income Tax Act, 1962, is hereby repealed.
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Act No. 21,2006 REVENJE LAWS SECOND AMENDMENT ACT, 2006
(a) a loan, advance or debt in terms of which- (1) the borrower receives or will receive an amount of cash and
agrees to repay at least the same amount of cash to the lender at a determinable future date; or
(2) Subsection (1) shall come into operation on a date to be fixed by the President by prroclamation in the Gazette.
Insertion of Part IIB in Chapter III of Act 58 of 1962
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6. (1) The following Part is herehy inserted in Chapter I11 of the Income Tax Act, 1962, after Part IIA:
“Part IIB Reportuble Arrangements
Reportable arrangements
80M. (1) An arrangement is a reportable arrangement if it is listed in subsection (2) or if any tax benefit is or will be d erived or is ammed to be derived by any participant by virtue of that arrangement and the arrangemen t- (a) contains provisions in terms of which the calculation of ‘interest’ a$
defined in section 24J, finance costs, fees or any other charges is wholly or partly dependent on the assumptions relating to the tax treatment of that arrangement (otherwise thnn by reason of any change in the provisions of this Act or any other law administered by the Commissioner);
(b) has any of the characteristics or characteristics which are substantially similar to those contemplated in section 8OC(2)(b);
(c) is or will be disclosed by any participant as giving rise to a financial liability for purposes of Generally Accepted Accounting Practice but not for purposes of ths Act;
(d) does not result in a reasonable expectation of a pre-tax profit for any participan t; or
( e ) results in a reasonable expectation of a pre-tax profit for any participant that is less than the value of that tax benefit to that participant if both are discounted to a present value at the end of the first year of asessment when that tax benefit is or will be derived or is assumed to he derived on a consistent basis and using a reasonable discount rate for that participant.
( a ) Any arrangement whch would have qualified as a ‘hybrid equity instrument’ as defined in section 8E, if the prescribed period had been 10 years;
(b) any arrangement which would have qualified as a ‘hybrid debt instrument’ as defined in section 8F, if the prescribed period in that section had been 10 years, but does not include any instrument listed on an exchange regulated in tenns of the Securities Services Act, 2004 (Act No. 36 of 2004); or
(c) any arrangement identified by the Minister by notice in the Gazette as an arrangement which is likely to result in any undue tax benefit.
(3) This section does not apply to any excluded arrangement contem-
(2) The following arrangements are reportable arrangements:
plated in section SON.
Excluded arrangements
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Act No. 21, 2006 REVENUE LAWS SECOND AMENDMENT ACT, 2006
(ii) the borrower receives or will receive a fungible asset and agrees to return an asset of the same kind and of the same or equivalent quantity and quality to the lender at a determinable future date;
(b) a lease; (c) a transaction undertaken through an exchange regulated in terms of the
Securities Services Act, 2004 (Act No. 36 of 2004); or (d) a transaction in participatory interests in a scheme regulated in terms
of the Collective Investment Schemes Control Act, 2002 (Act No. 45 of 2002).
(2) Subsection (1) applies only to an arrangement that- (a) is undertaken on a stand-alone basis and is not directly or indirectly
connected to, or directly or indirectly dependent upon, any other arrangement (whether entered into between the same or different parties); or
(b) would have qualified as having k e n undertaken on a stand-alone basis as required by paragraph (a), were it not for a connected arrangement that is entered into for the sole purpose of providing security and where no tax benefit is obtained or enhanced by virtue of that security arrangement.
(3) Subsection (1) does not apply to any arrangemenl that is entered into- (a ) with the main purpose of obtaining or enhancing a tax benefit; or (b ) in a specific manner or form that enhances or will enhance a tax
benefit. (4) The Mmister may determine an arrangement to be an excluded
arrangement by notice in the Gazette, if he or she is satisfied that the arrangement is not likely to lead to an undue tax benefit.
Disclosure obligation
880. (1) The promoter must disclose such information in respect of a reportable arrangement a$ is contemplated in section 80P.
(2) If there is no promoter in relation to an arrangement or if the promoter is not a resident, all other participants must disclose the information contemplated in section 80P in respect of the reportable arrangement.
(3) A participant need not disclose the information in respect of a reportable arrangement if that participant obtains a written statement from- (a) the promoter that the promoter has disclosed that reportable arrange-
ment as required by th is Part; or (b) any other participant, if subsection (2) applies, that the other
participant has disclosed that reportable arrangement as required by this Part.
(4) The reportable arrangement must be disclosed within 60 days after any amount is received by or accrued to any p'articipant or is paid or actually incurred by any participant in terms of the arrangement.
(5) The Commissioner may grant extension for disclosure for a further 60 days, if reasonable grounds exist for that extension.
Information to be submitted
8OP. The promoter or participant, as the case may be, must submit, in relalion to the reportable arrangemenl, in the form and manner (including electronically) and at such place as may be prescriked by the Commis- sioner- (a) a detailed description of all its steps and key features; (b) a delailed description of the assumed tax knefits for all participants,
including but not limited to tax deductions and deferred income; (c) the names, registration numbers and registered addresses of all
participants; (d) a list of all its agreements; and (e) any financial model that embodies its projected tax treatment.
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contemplated in section XOP, issue a reportable arrangement reference number to each participant.
Act No. 21,2006 REVENUE LAWS SECOND AMENDMENT ACT, 2006
Reportable arrangement reference number
Request for additional information
80R. (1) The Commissioner may, in relation to any arrangement, require a participant or any other person to furnish such information (whether orally or in writing), documents or things as the Commissioner may require.
(2) The information, documents or things must be submitted to the Commissioner in such form and manner (including electronically) and at such place as may be prescribed by the Commissi&er.
Penalties
80s. (1) Any participant who fails to disclose the information in respect of a reportable arrangement as required by section 800 or section 80R shall be liable to a penalty of R1 million.
(2) The Commissioner may reduce the penalty contemplated in subsection (l), if- (a) there are extenuating circumstances and the participant remedies the
non-disclosure withn a reasonable time; or- fb) if the penalty is disproportionate to the assumed tax benefit.
Definitions
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80T. For the purposes of this Part- ‘arrangement’ means any transaction, operation or scheme; ‘financial benefit’ means any reduction in the cost of finance, including interest, finance charges, costs, fees, and discounts in the redemption amount; ‘participant’ in relation to a reportable arrangement means- (a) any promoter; or (b) any company or trust which directly or indirectly derives or assumes
that it derives a tax benefit or financial benefit by virtue of a reportable arrangement;
‘pre-tax profit’ in relation to an arrangement., means the profit of a participant resulting from that arrangement before deducting any normal tax, which profit must be determined in accordance with Generally Accepted Accounting Practice after taking into account all costs and expendit.ure incurred by that participant in connection with the arrrangement and after deducting any foreign taxes paid or payable by that participant; ‘promoter’ in relation to a reportable arrangement means any person who is principally responsible for organising, designing, selling, financing or managing that reportable arrangement; ‘reportable arrangement’ means any arrangement as contemplated in section 80M; ‘tax’ includes any tax, levy, duty or other liability imposed by this Act or any other Act administered by the commissioner; ‘tax benefit’ includes any avoidance, postponement or reduction of any liability for tax.”.
(2) Subsection (1) comes into operation on a date to he fixed by the President hy proclamation in the Gazette and tlie President may fix different dates for different provisions of Part IIB of Chapter 111 of tlie Income Tax Act, 1962.
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Act No. 21,2006 REVENUE LAWS SECOND AMENDMENT ACT, 2006
Amendment of section 1 of Act 91 of 1964, as amended by section 1 of Act 95 of 1%5, section 1 of Act 57 of 1996, section 1 of Act 105 of 1969, section 1 of Act 98 of 1970, section 1 of Act 71 of 1975, section 1 of Act 112 of 1977, section 1 of Act 110 of 1979, sections 1 and 15 of Act 98 of 1980, section 1 of Act 89 of 1984, section 1 of Act 84 of 1987, section 1 of Act 68 of 1989, section 1 of Act 59 of 1990, section 1 of Act 19 of 1994, section 57 of Act 30 of 1998, section 46 of Act 53 of 1999, section 58 of Act 30 of 2 0 0 , section 60 of Act 59 of 2000, section 113 of Act 60 of 2001, section 131 of Act 45 of 2003. section 1 of Act 32 of 2004 and section 85 of Act 31 of 2005
7. (1) Section 1 of the Customs and Excise Act, 1964, is hereby amended- (a) by the insertion in subsection (1) after the definition of “agricultural
distiller” of the following definition: “ ‘bill of entry’ includes any SAD form, except as otherwise provided in any Schedule, rule or the Schedule to the rules;”;
(b) by the insertion in subsection (1) after the definition of “bill of entry” of the following definitions:
“ ‘break bulk goods’ means goods shipped in packages stored in or on the carrying s h p or vehicle; ‘bulk goods’ means a large quantity of unpacked dry or liquid homogenous goods slupped loose in the hold of a ship or transported loose by a vehicle or in any receptacle; ‘bulk goods terminal’ means any terminal contemplated in section 6(1)(hE) and licensed in terms of this Act; ‘bulk gods terminal operator’ means the licensee of a bulk goods terminal; ‘combination terminal’ means any terminal for containerized and break bulk goods contemplated in section 6(l)(hD) and licensed in terms of this Act; ‘combination terminal operator’ means the licensee of a combination terminal;”;
(c) by the substitution in subsection (1) for the definitions of “container depot”, “container operator” and “container terminal” of the following dkfini- tions, respectively:
“ ‘container depot’ means any container depot contemplated in section 6( l)(hB) and licensed in terms of this Act; ‘container operator’ means any person providing international trans- portation of containerized goods, and licensed [approved by the Commissioner, under section %A,] in terms of ths Act for operating containers in the Republic; ‘container terminal’ means any container terminal contemplated in secticm 6( l)(hA) and licensed in terms of this Act;”;
( d ) by the insertion in subsection ( I ) after the definition of “container depot” of the following definition:
“‘container depot operator’ means the licensee of any container depot;”;
(e) by the insertion in subsection ( I ) after the definition of “container terminal” of the following definition:
‘‘ ‘container terminal operator’ means the licensee of a container terminal; ” ;
by the insertion in subsection (1) after the definition of “Controller” of the following definition:
‘‘ ‘customs controlled area’ means any customs controlled area contemplated in section 6( l)(aA);”;
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(8 ) hy the deletion in subsection (1) of the definition of “depot operator”; f h ) by the substitution in suhsection (1) for the definition of “master” of the
following definition: “ ‘master’, in relation to any ship, means any person (other than a pilot) having charge of such ship and includes any agent appointed by such master as contemplated in section 97;”;
( i ) by the substitution in subsection (1) for the definition of “pilot” of the
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are entering or leaving the Republic; are in, on or at any premises licensed, registered or approved for any purpose in t.erms of this Act; are in, on or at any premises or at any place appointed, prescribed or designated in terns of section 6; are in transit within or through the Republic or conveyed for transhipment to any place outside the Republic as may be specified by rule; or are deemed in terms of any provision of t h ~ s Act to be under customc
Act No. 21,2006 REVENUE LAWS SECOND AMENDMENT ACT, 2006
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“ ‘pilot’, in relation to any aircraft, means any person having charge of such aircraft and includes any agent appointed by such pilot as contemplated in secl.ion 97;”;
by the insertion in subsection ( 1 ) after the definition of “Road Accident Fund
‘‘ ‘road vehicle terminal’ means any terminal contemplated in section 6( l)(lzF) and licensed in terms of this Act; ‘road vehicle terminal operator’ means a licensee of a road vehicle terminal ;’ ;
(k) by the insertion in subsection (1) after the definition of “this Act” of the 10 following definitions:
“ ‘transit shed’ means any transit shed contemplated in section 6( l ) ( d and licensed in terms of this Act; ‘transit shed operator’ means the licensee of a transit shed;”;
(j) levy goods’’ of the following definitions: 5
(I) by the substitution for subsection (2) of the following subsection: 15 “(2) In this section, except in the definition of “package”, and in
sections 4, 6, 7, 18, 38, g 6 4 A [ ~ n d ] ~ 87(2) and lob, “container” means transport equipment of tariff heading 86.09- (a) having an internal volume of not less than one cubic metre; and (b) designed for the transport of goods by any means of carriage, 20
without intermediate reloading, and in this Act “containerized” has a corresponding meaning.”;
(m) by the addition of the following subsection: “(5) The expression ‘goods under customs control’, ‘goods subject
to customs control’ or ‘goods under control of the Commissioner’ and any cognate expression shall, unless the context otherwise indicates, be deemed to include, but is not limited to, any goods to which this Act relates or any ship, vehicle or container contemplated in section l(2) that-
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(2) (a) Subsection (l)(a) shall be deemed to have come into operation on 1 Octolxr 40
(b) Subsection W b ) , fc), (4, (e), (JI, Ig), (W, (i), (j), f4 , (0 and fm) shall come into 2006.
operation on a date fixed by the Resident by proclamation in the c‘ razette.
Insertion of section 3B of Act 91 of 1964
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. ” .
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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
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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
“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”;
(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
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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: 25
“(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
(bb) The Commissioner may hy rule prescribe- equipment is operated unless authorised by the Controller.
(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.
(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.”.
(dd) Any person who-
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(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
.) 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:
“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-”;
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-
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
(ii) from where containerised or break bulk goods may be shippd
(i) wherein bulk imported goods may be discharged from a ship or
(ii) wherefrom bulk goods may be loaded into or on to any ship or
(i) imprted vehicles on wheels may be landed; or (ii) vehicles on wheels may be loaded into or onto a ship or vehicle
(i) where containerised and break bulk imported goods may be
the importer or the importer’s agent; or
for export; (hE) bulk goods terminals-
vehicle; or
vehicle for export; (hF) road vehicle terminals, where-
for export;”; and
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(h) by the addition of the following subsection: “(6) Except where the Commissioner determines otherwise by rule,
no person shall- I (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, unless such person is a licensee of premises licensed in ternx of this Act.”.
(2) Subsect iTl) shall come into operation on a date fixed by the President by 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
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 gve 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.”.
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
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12. (1) Section 7 of the Customs and Excise Act, 1964, is hereby amended by the
“(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.”.
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(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
“(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) any such goods not reported are landed; or
(ii) any container or package is landed with visible evidence of 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.
(i) packs or loads cargo or causes cargo to be packed or loaded in contravention of subsection (2); or
(ii) fails to report cargo or makes any false or misleading statement in connection with any report to which this section relates,
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.
f b ) Such cargo shall be liable to forfeiture in accordance with the
subsection (1):
(4) (u) Any exporter who-
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provisions of this Act.”. (2) Subsection (1) shall come into operation on a date fixed by the President by
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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 45 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;
26 No. 29604 GOVERNMENT GAZElTE, 7 FEBRUARY 2007
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(dd) bulk goods terminal; (ee) road vehicle terminal; Iff) container depot; (gg) degrouping depot; or
(uu) the State warehouse; or (hh) any other place, with the permission of the Conimis-
(ii) delivered to-
sioner; (h) exported, shall-
(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.
(a) regarding h e keeping and affixing of seals and recording of seal numbers;
(3) The Commissioner may make rules-
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(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;
(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 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
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:
“(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 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
17. Section 21 of the Customs and Excise Act, 1964, is hereby amended by the
“(%)enter [all goods ofl such [class or kind] goods for export or [home consumption and payment of duty or for] such [other] purposes as may be authorised under the rules for this section or any other provision of this Act, unless those goods are restricted or prohibited under my law.”.
substitution in subsection (3)(d)(iii) for item (bb) of the following item:
Amendment of section 21A of Act 91 of 1964, as inserted by section 121 of Act 69 of 2001 and amended by section 2 of Act 10 of 2005
18. Section 21A of the Customs and Excise Act, 1964, is hereby amended- (a) by the substitution in subsection (1) for the definition of “Industrial
Development Zone” or “E%” of the following definition: “ ‘Industrial Development Zone’ or ‘IDZ’ means an area designated by the Minister of Trade and Industry in terns of [any regulation made in terms ofl the Manufacturing Development Act, 1993 (Act No. 187 of 1993);”;
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(b) by the subsl.itution for subsection (2) of the following subsection: “(2) Any reference in this section, any Schedule or any rule to
‘regulations’ or ‘regulation’ shall, unless olherwise specified, he a reference to [the regulations made in terms of the Manufacturing Development Act, 199.31 the Induslrial Development Zone Progranme published by Government Notice No. R.1224 of 1 December 2000 and any amendment thereto.”; and
(c) by the substitution in subsection (9)fa) for subparagraph (ii) of the following subparagraph:
“(ii) the goods have been duly consumed or otherwise used in the manufacture or production of any goods by the CCA enterprise in accordance with [any CCA enterprise permit and] any relevant provision of this Act;”.
Repeal of section 31 of Act 91 of 1964
19. Section 31 of the Custom and Excise Act, 1964, is hereby repealed.
Amendment of section 37B of Act 91 of 1964, as inserted by section 103 of Act 74 of 2002 and amended by section 114 of Act 32 of 2004
20. (1) Section 37B of the Customs and Excise Act, 1964, is hereby amended- (a) by the substitution in subsection (2) for paragraph (h) of the following
paragraph: “(b) The Ih.l[inister] Commissioner may, [in prescribing any licence
for the manufacture of biofuel in any item of Schedule NO. 8 under the provisions of section 60,] by rule exempt any person or class of persons from licensing in respect of any manufacturing process in the production of biofuel or any goods used in the production of biofuel.”;
(b) by the substitution in subsection (2) for paragraph (c) of the following paragraph:
“fc) The Commissioner may, except if any provision of this Act otherwise provides, in respect of biofuel manufactured in the Republic by any person registered for such a purpose under section 59A- (i) (ua) by rule exempt for any period such person from payment of
duty in respect of any quantity of biofuel manufactured by him or her;
(hh) cancel any such exemption under circumstances prescribed by rule;
(ii) prescrilx, subject t.o paragraph (b), conditions and other require- ments in respect of such exemption;
(iii) prescrilx procedures relating to the manufacture and removal of biofuel for home consumption.”; and
(c) by the substitution in subsection (4) for paragraph (a) of the following paragraph:
“(a)require any manufacturer or seller of biofuel [who is not a
(2) Subsection (l)(a) and (b) shall be deemed to have come into operation on manufacturer] to register in term? of section 59A;”; and
29 March 2006.
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Amendment of section .38 of Act 91 of 1964, as amended by section 13 of Act 105 of 1969, section 5 of Act 71 of 1975, section 4 of Act 105 of 1976, section 2 of Act 89 of 1983, section 18 of Act 59 of 1990, section 28 of Act 45 of 1995, section 42 of Act 19 of 2001 and section 123 of Act 60 of 2001
21. (1) ( a )
Section 38 of the Custonls and Excise Act, 1964, is hereby amended- by the substitution in subsection (3) for paragraphs (a ) and Ib) of the following paragraphs, respectively
“(a) Every exporter of goods shall, unless exempted by rule, before such goods are exported from the Republic enter the goods at the office of the Controller a1 the times prescribed by rule.
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(b) For the purposes of paragraph (a), in relation to the [delivery of a bill of entry] entry of goods, the goods referred to therein shall be deemed to have been exported from the Republic-
in the case of goods to be exported in a ship, at the time when such goods are delivered to [the port authority], a container depot operator, [the master of the ship concerned or a container operator, as the case may be] container terminal operator, combination terminal operator, transit shed operator, bulk goods terminal operator or road vehicle terminal operator; in the case of goods to be exported in an aircraft, at the time when such goods arevdelivered to the [pilot of the aircraft concerned, or are brought within the control area of the airport authority concerned, as the case may be] transit shed operator or degrouping
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operator; in the case of goods to be exported in a train, at the time when such goods are delivered to the railway authority; in the case of goods to be exported overland in a vehicle (excluding an aircraft and a train), subject to the provisions of paragraph (a), at the time when such goods are loaded on the vehicle concenied.”; and
(b) by the addition to subsection (3) of the following paragraph “fc) If goods, removed in terms of any procedure re.mlatecl by this
Act, are to be transferred from one mode of transport to another or from a particular mode of transport to a similar mode, the Controller where such procedure was authorised must be informed at the time and in the manner prescribed by rule.”.
(2) Subsection (1) shall come into operation on a date fixed by the Resident by proclamation in the Gazette.
Amendment of section 41 ofAct 91 of 1964, as amended by section 15 of Act 905 of 1%9, section 6 of Act 112 of 1977, section 3 of Act 93 of 1‘978, section 5 of Act 86 of 1982, section 2 of Act 85 of 1986, section 32 of Act 84 of 1987, section 20 of Act 59 of 1990, section 31 of Act 45 of 1995 and section 17 of Act 32 of 2005
22. Section 41 of the Customs and Excise Act, 1964, is hereby amended by the deletion in subsection (4) of paragraph (d).
Insertion of section 64H in Act 91 of 1964
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23. (1) The following section is hereby inserted in the Customs and Excise Act, 1964, after section 64G:
“Licensing of container terminals
64H. (1) (a) Every container terminal shall be licensed in accordance with the provisions of section 60, this section, any applicable note in 140 . ~~ Schedule No. 8 and any rule relating to such licence.
(b) Application for such a licence shall be made on the prescribed form which shall be supported by the documents and information specified in such form and as the Commissioner may require from each applicant.
(c) Before any licence is issued the applicant for a licence must furnish security as contemplated in section 60(l)(c): Provided that the Commis- sioner may on good cause shown, to the extent considered reasomble in each case, reduce the amount of such security or exempt any person from furnishing security.
(d) Before commencing operations or from a date thereafter specified by the Commissioner by rule, every container terminal operator shall register for the purposes of electronic communication as a user and enter into a user agreement in terms of section 101A and the rules made thereunder.
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(2) (a) (i) The terminal operator shall- (ua) be responsible for ensuring that goods for export are loaded on a shp
for export; and (bb) in addition to any liability for duty incurred by any person under any
other provision of this Act, be liable for the duty on any goods received for export and such liability shall cease when it is proved that the goods have been loaded on a ship as contemplated in subparagraph
(ii) The terminal operator shall produce proof to the Controller as may be prescribed by rule that the goods have been loaded on a ship for export.
(iii) Goods received in a container terminal may not be opened or withdrawn therefrom without the permission of the Controller and in compliance with such procedures as may be prescribed by rule.
(b) The receipt, storage and handling of containers in a container terminal shall be in accordance with requirements that may be prescribed by rule.
(c) Except where goods have been entered for home consumption and released thereafter, or any other procedure is authorised by rule, the provisions of section 18 shall apply mutatis mutandis to any movement of any imported containers from a container terminal.
(3) The Controller may require any container to be detained in a container terminal for examination of the container or its contents, including by non-intrusive inspection methods contemplated in section 4(8A).
(4) (a) The Commissioner may refuse an application for a container terminal licence or cancel or suspend such a licence.
(b) The provisions of section 60(2) shall apply mutatis mutadis for the purposes of paragraph (a).
(5) The Commissioner may prescribe by rule- (a) the security requirements regarding the premises ‘and equipment of the
container terminal and control measures to be observed in a container terminal;
(b) any procedure or obligation in connection with containers received which are-
(4.
(i) in excess of manifested quantities; (ii) unmanifested excess containers; or (iii) manifested but not received;
(c) reports and procedures relating t.o missing seals or seals and containers with signs of damage, tampering or other discrepancy;
(d) records to be kept in respect of the movement of containers and any other activity in the operation of the container terminal;
(e) all matters that are required or permitted in terms of this section to be prescribed by rule;
(f) any other matter which is necessary to prescribe and useful to acheve the efficient and effective administration of a container terminal.”.
(2) Subsection (1) shall come into operation on a date fixed by the President by prcclamation in the Gazette.
Insertion of section 641 of Act 91 of 1964
24. (1) The following section is hereby inserted in the Customs and Excise Act, 1964, after section 64H:
“Licensing of combination terminals
641. (1) (a) Every combination terminal shall be licensed in accordance with the provisions of section 60, this section, any applicable note in Schedule No. 8 and any rule relating to such licence.
(b) Application for such a licence shall be made on the prescribed form whch shall be supported by the documents and information specified in such form and as the Cornmissioner may require from each applicant.
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(c) Before any licence is issued the applicant for a licence must furnisk security as contemplated in sectioii 60( l)(c): Provided that the Commis- sioner may on good cause shown, to the extent considered reasonable in each case, reduce the amount of such security or exempt any person from furnishing security.
(a!) Before commencing operations or from a date thereafter specified hy the Commissioner by rule, every combination terminal operator shall register for the purposes of electronic communication as a user and enter into a user agreement in terms of section lOlA and the rules made thereunder.
(aa) be responsible for ensuring that goods for export are loaded on a shr for export; and
(bb) in addition to any liability for duty incurred by any person under any other provision of thi.s Act, be liable for the duty on any goods received for export and such liability shall cease when it is proved that the goods have been loaded on a shp as contemplated in subparagraph ( a4 .
(ii) The combination terminal operator shall produce proof to the Controller a. may be prescribed by rule that the goods have. been loaded on a ship for export.
(iii) Goods received in a combination terminal may not be opened or withdrawn therefrom without the permission of the Controller and In compliance with such procedures as may be prescribed by rule.
(b) The receipt, storage and handling of goods in a combination terminal shall be in accordance with the requirements that may be prescribed hy rule.
(c) Except where goods have been entered for home consumption and released thereafter or any other procedure is authorised by rule, the provisions of section 18 shall apply mutatis mutarzdis to any movement of imported goods from a cgmbinatioii terminal.
(3) The Controller may require any container or package to be detajned in a combination termina! for examination of the container or package or of its contents, including by non-intrusive inspection methods contemplated in section 4(8A).
(4) (a) The Commissioner may refuse an application for a combination terminal licence or cancel or suspend such a licence.
(b) The provisions of section 60(2) shall apply mutatis mutandis for the purposes of paragraph (a).
( 5 ) The Commissioner may prescribe hy rule- (a) the security requirements regardmg the premises and equipment of the
combination terminal and control measures to be observed in a combination terminal;
(b) any procedure or obligation in connection with containers or packages received which are-
(2) (a) (i) The combination terminal operator shall-
(i) in excess of manifested quantities; (ii) unmanifested excess containers or packages; or
(iii) manifested but not received; (c) reports and proceduTes relating to missing seals or seals, containers or
packages with signs of damage, tampering or other discrepancy; (d) records to be kept in respect of the movement of goods and any other
activity in the operation of a combination terminal; (e ) all matters that are required or permitled in terms of ths section to be
prescribed by rule; tfl any other matter which is necessary to urescribe and useful to achieve
- A "
the efficient and effective administration of a combination terminal.". (2) Subsection (1) shall come into operation on a date fixed by the President by
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Insertion of section 645 of Act 91 of 1964
25. (1) The following section is hereby inserted in the Customs and Excise Act, 1964, after section 641:
“Licensing of road vehicle terminals
64.1. (1) (a) Every road vehicle terminal shall be licensed in accordance with the provisions of section 60, this section, any applicable note in Schedule No. 8 and any rule relating to such licence.
f b ) Application for such a licence shall be made on the prescribed form which shall be supported by the documents and information specified in such form and as the Commissioner may require from each applicant.
(c) Before any licence is issued the applicant for a licence must furnish security as contemplated in section 60( l)(c): Provided that the Commis- sioner may on good cause shown, to the extent considered rea$onable in each case, reduce the amount of such security or exempt any person from furnishing security.
(d) Before commencing operations or from a date thereafter specified by the Commissioner by rule, every road vehicle terminal operator shall register for the purposes of electronic communication as a user and enter into a user agreement in t e r n of section lOlA and the rules made thereunder.
(ua) be responsible for ensuring that goods for export are loaded on a ship for export; and
(bb) in addition to any liability for duty incurred by any person under any other provision of this Act, be U able for the duty on any goods received for export and such liability shall cease when it is proved that the goods have been loaded on a shp as contetrglated in subparagraph faah
(ii) The road vehicle terminal operator shall produce proof to the Controller as may be prescribed by rule that the goods have been loaded on a ship for export.
(iii) Goods received in a road vehicle terminal may not be withdrawn therefrom without the permission of the controller and in compliance with such procedures as may be prescribed by rule.
(b) The receipt, storage and handling of vehicles in a road vehicle terminal shall be in accordance with requirements as may be prescribed by rule.
(c) Except where vehicles have been entered for home consumption and released thereafter, or any other procedure is authorised by rule, the provisions of section 18 shall, subject to any adaptation or special requirement prescribed by rule, apply mutatis mutandis to any movemenf of imported vehcles from a road vehcle terminal.
(3) The Controller may require any vehicle to be detained in a road vehicle terminal for examination, including by non-intrusive inspection method? contemplated in section 4(8A).
(4) (a) The Commissioner may refuse an application for a road vehicle terminal license or cancel or suspend such a licence.
(b) The provisions of section 60(2) shall apply mutatis mutandis for the purposes of paragraph (a).
(5) The Commissioner may prescribe by rule- (a) the security requirements regarding the prenlises and equipment of the
road vehicle terminal and control measures to be observed in a road vehicle terminal;
(b) any procedure or obligation in connection with vehicles received whch are-
(2) (a) (i) A road vehicle terminal operator shall-
(i) (ii) unmanifested excess vehicles; or
(iii) manifested, but not received;
in excess of manifested quantities;
(c) reports and procedures relating to damaged vehicles;
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(d) records to be kept in respect of the movement. of vehicles and any other activity in the operation of a road vehicle terminal;
(e) all matters that are required or permitted in terms of ths section to be prescribed by rule;
(’ any other matter which is necessary to prescribe and useful to achieve the efficient and effective administration of a road vehicle terminal.”.
(2) Subsection (1) shall come into operation on a date fixed by the President by proclamation in the Gazette.
Insertion of section 64K in Act 91 of 1964
26. (1) The following section is hereby inserted in the Customs and Excise Act, 1964, after section 645:
“Licensing of bulk goods terminals
64K. (1) (a) (i) Thls section applies to a terminal for imported bulk goods or bulk goods for export that is not licensed as a customs and excise warehouse.
(ii) Every bulk goods terminal shall be licensed in accordance with the provisions of section 60, this section, any applicable note in Schedule No. 8 and any rule relating to such licence.
(b) Application for such a licence shall be made on the prescribed form which shall be supported by the documents and information specified in such form and as the Commissioner may require from each applicant.
(c} Before any licence is issued the applicant for a licence must furnish security as contemplated in section 60(l)(c): Provided that the Commis- sioner may on good cause shown, to the extent considered reasonable in each case, reduce the amount of such security or exempt any person frorn furnishing security.
(d) Before commencing operations or from a date thereafter specified by the Commissioner by rule, every bulk goods terminal operator shall register for the purposes of electronic communication as a user and enter into a user agreement in terms of section lOlA and the rules made thereunder.
(a) be responsible for ensuring that goods for export are loaded on a shp or vehlcle for export; and
(bb) in addition to any liability for duty incurred by any person under any provision of this Act, be liable for the duty on any goods received for export and such liability shall cease when it is proved that the goods have been loaded on a s h p or vehicle as contemplated in subparagraph (4.
(ii) The bulk goods terminal operator shall produce proof to the Controller as may be prescribed by rule that the goods have been loaded on a s h p or vehicle for export.
(iii) Goods received in a bulk goods terminal may not be opened or withdrawn therefrom without the permission of the Controller and in compliance with such procedures as may be prescribed by rule.
(b) The receipt, storage and handling of goods in a bulk goods terminal shall be in accordance with the requirements that may be prescribed by rule.
(c) Except where goods have been entered for home consumption and released thereafter or any other procedure is authorised by rule, the provisions of section 18 shall apply mutatis mutandis to any movement of imported goods from a bulk goods terminal.
(3) The Controller may require any bulk goods to be detained in a bulk goods terminal for examination of the bulk goods, including by non- intrusive inspection methods contemplated in section 4(8A).
(2) (a) (i) The bulk goods terminal operator shall-
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42 No. 29604 GOVERNMENT GAZETTE, 7 FEBRUARY 2007
Act No. 21,2006 REVENUE LAWS SECOND AMENDMENT ACT, 2006
(4) (a) The Commissioner may refuse an application for a bulk goods
(b) The provisions of section 60(2) shall apply mutatis miitandis for the
(5 ) The Commissioner may prescribe by rule-
terminal licence or cancel or suspend such a licence.
purposes of paragraph (a).
(a) the security and control measures to be observed in a bulk goods terminal;
(b) any procedure or obligation in connection with bulk goods received which are-
(i) in excess of manifested quantities; (ii) unmanifested excess bulk goods; or
(iii) manifested, but not received; (c) reports and procedures relating to damaged bulk goods; (d) records to be kept in respect of the storage or movement of goods and
any other activity in the operation of a bulk goods terminal; (e) all matters that are required or permitted in terms of this section to be
prescribed by rule; and (J any other matter which is necessary to prescribe and useful to acheve
the efficient and administration of a bulk goods terminal.”. (2) Subsection (1) shall conie into operation on a date fixed by the Resident by
proclamation in the Gazette.
Insertion of section 64L in Act 91 of 1964
27. (1) The following section is hereby inserted in the Customs and Excise Act, 1964, after section 64K:
“Licensing of container operators
64L. (1) (a) Every container operator shall be licensed in accordance with the provisions of section 60, this section, any applicable note in Schedule No. 8 and any rule relating to such licence.
(b) Application for such a licence shal! be made on the prescribed form which shall be supported by the documents and information specified in such form and as the Commissioner may require from each applicant.
(c) Before any licence is issued the applicant for a licence must furnish security as contemplated in section 60(l)fc): Provided that the Commis- sioner may on good cause shown, to the extent considered reasonable in each case, reduce the amount of such security or exempt