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Trade Practices Amendment Act


Published: 1984-03-02

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Trade Practices Amendment Act
. STAATSKOERANT \_
-VAN l>lE R.EPUBLIEK-VAN SUID-AFRIKA
... . ;• ·, ; ·
RE~UBLIC OF SOUTH. AFRICA
GOVERNMENT· GAZETTE 0 .
As 'n Nuusbolad by-die Poskantoor Geregistreer · 0 0
Registered at the Post Office as a Newspaper
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VoL. 225
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, , PRYS (A VB ingesluit 30c PRICE (GST included) BUITELANDS 40c ABROAD
POSVRY · POST FREE
KAAPSTAD, 2 MAART 1984
CAPE TOWN, 2 MARCH 1984 No. 9083
KANTOOR VAN DIE EERSTE MINISTER OFFICE OF THE PRIME MINISTER
No.363. 2 Maart 1984 No. 3630 2March 1984
Hierby word bekend gemaak dat die Staatspresident sy . .It is · hereby notified that the State President has goedkeuring geheg het aan die onderstaande Wet wat assented to the following Act which is hereby published llierby ter algemene inligting gepubliseer word:- : - . -for general information:-
7 van 1984: Wysigingswet · .op . Handelspraktyke, No'. 7 of 1984: Trade Practices Amendment Act, 1984. 1984. .
Please note that most Acts are published in English and another South African official language. Currently we only have capacity to publish the English versions. This means that this document will only contain even numbered pages as the other language is printed
on uneven numbered pages.
GOVERNMENT GAZE1TE; 2 MARCH 1984. No.9083 3
TRADE PRAcnCES AMENDMENT ACf, 1984 Act No.7, 1984
GENERALEXPLANATORYNOTE: .i ; -:
[ ~ '~ . ' .] . : '·Wordsin'bold.type ln square brackets indicate omissions from existing enactments . . . ' . . . f . • •
,, Words underlined· with solid line indicate insertions in existing •;: enactments, .. , . ·_,:
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' ' . . .- . . ' . . ' . . ~ . .· . To amend the Trade Practices Act; .1976, so as to regulate anew
· the use· of trade coupons in connection with the sale or leas· fng of goods or the rendering or provision of services; and to substitute the long title of the said Act; and to provide for in· cidental matters. ·
, I ;, . ~ . . I . .. . ·(English text signed by the State. President.)
. , .(A~sented to22 Febrlf~rJ1984.)
:BE IT ENACTED by the State President' and the House of Assembly of the Republic of South Africa, as follows:-
1. The following section is hereby substituted for section 10 of Sub~titution of th~ ~rade Practices Act, 1976 (hereinafter referred to as the ~~:~~~ J~1~6 . 5 pnnc1pal Act): "Use of trade io. (i) No 'p~rson' s·hail.b rrieans o{ a~ advertise- :~~~~!~ ment or in ~ny other manner, in con~ection wit~ !he with sale or sale or leasmg of goods or the rendenng or proviston leasing of of services, supply or give or offer or promise to sup-
10 goo.dsor ren- ply or give any trade coupon, unless- . d~r::; ~ls~~~- (a) the trade coupon or advertisement contains full
15
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25
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VI I d I . . I d" . vices. · an c ear parttcu ars regar mg- _, · . 1 . . , •· · ' (i) the benefit. or the competition for a benefit
to which the trade coupon refers; . _' (ii) ' the person from whom and the place where
. _.. · the holder of the trade coupon may receive ,.;· _,-, .-·_-· :·· . ~ ·. the·;benefit,.or the place where and the
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. , · -: m~nner in which he may participate in the . . . · competition for a benefit; and ·· · · (iii) the 'conditions (if any), subjeci to subsection
· . .' . . '(2):: ~ith whit~ ,the .holder of the. trade · · · coupon mtist comply before. he acquires a
· right to receive the benefit .cii' to participate .: in the competition for a benefit; and
(b) the trade coupon confers on a holder thereof the right, after compliance . with. the r . conditions thereof (if any), within 14 days to receive the relevant benefit or to participate· in the relevant competition for a benefit. ' ·.
(2) No person .shall directly or indirectly set a per- son to whom a trade coupon is supplied, given, of- fered or promised as contemplated in subsectio_n (1), any condition in tenris ofwhich- " · · ·
· (a). that person, if he obtains additional trade coup- 35 · .,, , · · ons,acquires a right to receive. a t>enefit or to
participate in a competition for a benefit which • f ~
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GOVERNMENT GAZETTE, 2 MARCH 1984
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TRADE PRAcrJCESAMENDMENT·ACf,l984.
' is of greater. value than the total of the values of · ·the separate benefits which . may be received by
,virtue of the separate trade· coupons; or· ·,· .- - (b) that person, before he :acquires the right .to. re-
ceive the· relevant benefit or to participate in _the relevant competition for a benefit- . (i) must obtain additional trade coupons; or (ii) must partiCipate iri additional competitions;
or (iii) if the trade coupon is supplied, given, of-
fered or promised to him- (aa) in connection with the purchase or
lease by him of goods or the making ·· use by him of any service for which he
gave any consideration, is obliged to make further purchases . or conclude further leases or so make use of ad-
. ditional services; or (bb)without his having so purchased, leased
or made use of any service, is obliged so to purchase, lease or make use of any service more than once; or
(c) that person, after having acquired a right to re- ceive the relevant benefit or to participate in the relevant competition for a· benefit, is obliged to comply with any further condition before he may receive the relevant benefit.".
2. Section 11 of the principal Act is hereby repealed.
.. 3. Section 16 of the principal Act is hereby amended by the
30 deletion, in subsections (1), (2) and (4), of the expression "11 (2),".
No.9083 5
Act No.7, 1984
Repeal of section 11 of Act 76 of 1976, as substituted by section4 of Act 55 of 1980 .
Amendment of section 16 of Act 76 of 1976, as substituted by section 6 of Act 55 of 1980.
4. Section 17 of the principal Act is hereby amended- Amendment of (a) by the substitution for paragraph (a) of subsection {1) section 17 of
of the following paragraph: Act 76«?f 1976, 35 "( ) h"b" · d" · · f as substituted by a pro 1 tt or tmpose con tttons tn respect o any act, section 6 of
conduct or practice [permitted by section 11 (1),] ill, Act 78 of 1978. connection with the use of trade coupons which is not prohibited by any provision of section 10, if the committee is satisfied that such act, conduct or
40 practice is not in the interest of the relevant pur- chasers, lessees or persons making use of a service or engaged in the sate or leasing of any goods; or";
(b) J>y the deletion in paragraph (c) of subsection {1) of the expression "11 (2},"; and
45 (c) by the deletion in subsection (2) of the expression "11 (2),".
5. The following long title is hereby substituted for the long Subst~tution of title of the principal Act: long t1tle of
"T ·d f h 1 f · d · Actof1976. o provt e or t e contro o certam a verttsements; to re- 50 strict the giving or supply of benefits and to regulate the use
of trade coupons in connection with the sale or leasing of goods or the rendering or provision of certain services; to
GOVERNMENTGAZE1TE,2MARCH1984 -
TRADE PRACI1CES AMEND~ENT ACf, 1984
prohibit or control certain trade practices; to repeal the Trade Coupons Act, 1935; and to provide for incidental matters.".
No.9083 7
Act No.7, 1984
6. This Act shall be called the Trade Practices Amendment Short title. 5 Act, 1984. --