To amend the Trade Metrology Act, 1973, so as to define certain expressions; to provide for the appointment of verification officers and the designation of accredited laboratories; and to provide for the levying of fees by accredited laboratories for certain services rendered; and to provide for incidental matters.
Amendment of section 1 of Act 77 of 1973, as amended by section 1 of Act 34 of 1975 and section 1 of Act 15 of 1990 1.
"'accredited laboratory' means any laboratory accredited as contemplated in section 3(k) of the Standards Act, 1982 (Act No.
by the addition of the following definitions: " 'verification officer' means any person appointed as such in terms of section 3; 'verify' means certify the accuracy of any measuring instrument on the basis of a relevant national measuring standard as defined in . section 1 of the Measuring Units and National Measuring Standards Act, 1973 (Act No. 76 of 1973).".
Substitution of section 3 of Act 77 of 1973, as amended by section 3 of Act 15 of 1990 2.
The SABS Council may from time to time, on the recommendation of the director, appoint inspectors or verification officers to verify or test all measuring instruments or any particular kind of measuring instrument in accordance with the provisions of this Act and to perform such other functions as may be assigned to inspectors by this Act.
has satisfied the SABS Council that he holds a certificate qualifying him to act as an inspector, and no person shall act as an inspector in respect of any particular kind of measuring instrument unless he holds a certificate issued to him by the SABS Council to the effect that he is qualified to act as an inspector or verification officer in respect of all measuring instruments or that a particular kind of measuring instrument.
Subject to the provisions of section 22, no inspector shall derive any profit from or be employed in the making, repair, adjusting or selling of any measuring instrument.
No person shall act as an inspector unless he is employed by and acts on behalf of the South African Bureau of Standards or any statutory body contemplated in section 7(1).
No person shall act as a verification officer unless he is employed by and acts on behalf of an accredited laboratory designated in terms of section 7(2) to verify all measuring instruments or the particular kind of measuring instrument in respect of which such verification officer is qualified to act in terms of subsection (1).
No person shall act as an inspector or verification officer in respect of any particular kind of measuring instrument, unless he holds an appropriate certificate contemplated in subsection (2).
Amendment of section 5 of Act 77 of 1973, as substituted by section 5 of Act 15 of 1990 3.
"(1) Subject to the control of the Minister, this Act shall beadministered by the SABS Council and by the director, inspectors, accredited laboratories, verification officers and examiners, whoshall perform their duties under the control of the SABS Council.".
Amendment of section 6 of Act 77 of 1973, as substituted by section 6 of Act 15 of 1990 4.
"(1) The Minister shall appoint a Metrology Advisory Committee to examined or cause to be examined applicants for the post of inspector, and to assist and advise the director in the performance of his functions under sections 3, 4, 18, 23 and 24 and in connection with such other matters as the Minister may refer to the committee from time to time.".
Substitution of section 7 of Act 77 of 1973, as substituted by section 7 of Act 15 of 1990 5.
The Minister may, after consultation with the SABS Council, assign in writing to any statutory body the carrying out, subject to such conditions and requirements as may be prescribed by regulation, of any function specified in this Act.
The SABS Council may in writing, on the recommendation of the director, designate any accredited laboratory to verify measuring instruments or any particular kind of measuring instrument in respect of which such laboratory is accredited.
Insertion of section 13A in Act 77 of 1973 6.
13A. (1) For the purposes of this Act any verification officer may verify and test all measuring instruments or a particular kind of measuring instrument contemplated in section 7(2).
If any verification officer in the execution of his powers as : contemplated in subsection (1) finds that any measuring instrument or kind of measuring instrument does not comply with the requirements of this Act, such measuring instrument or kind of measuring instrument shall be deemed to be rejected in terms of section 25.
Any person who falsely holds himself out to be a verification officer as contemplated in section 3-shall be guilty of an offence.
compel any owner or user to have a measuring instrument 4 certified by him.
Amendment of section 16 of Act 77 of 1973 7.
"(c) that a notice under section 19(1) or that the provisions of section 19(2) should, in respect of any measuring instrument, have been complied with, it shall be presumed that at all relevant times the accused possessed such measuring instrument for a prescribed purpose in the area to which the notice in question or the provisions of section 19(2)applies, until the contrary is proved.".
Amendment of section 17 of Act 77 of 1973, as substituted by section 4 of Act 34 of 1975 8. Section 17 of the principal Act is hereby amended by the deletion of subsection (2).
Amendment of section 18 of Act 77 of 1973, as amended by section 1 of Act 14 of 1984 and section 8 of Act 15 of 1990 9.
by the substitution in subsection (6) for the words following upon paragraph (b) of the following words: "shall be certified or recertified by any inspector or verification officer."
by the insertion in subsection (7) after the word "inspector" of the words "or verification officer".
Amendment of section 19 of Act 77 of 1973, as amended by section 5 of Act 34 of 1975 10.
(3) The director may in his discretion take such steps as he may deem expedient to bring any notice published under subsection (1) or (2) to the attention of persons affected by it.
Any person who fails to comply with (a) a notice published in the Gazette under subsection (1) or (b) the provisions of subsection (2) shall be guilty of an offence.
Amendment of section 21 of Act 77 of 1973 11.
"(1) Any inspector or verification officer shall, at the timeand place appointed under section 19(1) or when any order given by him under section 3 20(1) has been complied with, inspect and verify or test every measuring instrument which is produced or, in accordance with any such order, otherwise made available to him for the purpose of certifying or recertifying it and shall, after verification or testing and subject to the provisions of subsections (2) and (3) certify or recertify, in such manner as to indicate the year of such certification or recertification, every such measuring instrument which he finds to be correct and to comply with the requirements of this Act.".
Amendment of section 22 of Act 77 of 1973, as substituted by section 2 of Act 14 of 1984 12.
"(2) Any accredited laboratory may charge in respect of the verification, testing, adjustment, certification or recertification of any measuring instrument and costs incurred by it in connection therewith, such fees and costs as may be agreed upon by such accredited laboratory and the person submitting the measuring instrument for certification or recertification.".
Substitution of section 22A of Act 77 of 1973, as inserted by section 9 of Act 15 of 1990 13.
22A. (1) Any fees collected and costs recovered in terms of section 18 or 22 22(1) shall constitute revenue of the SABS Council and shall be dealt with in accordance with the provisions of the Standards Act 1982 (Act No. 30 of 1982).
Any fees collected and costs recovered in terms of section 22(2) shall constitute revenue of the accredited laboratory concerned.
Amendment of section 24 of Act 77 of 1973, as amended by section 10 of Act 15 of 1990 14.
by the insertion in subsection (2) after the word "inspector" of the words "or verification officer".
Substitution of section 25 of Act 77 of 1973 15.
Any inspector or any verification officer shall, in the manner prescribed by regulation, deface the certifying stamp on any measuring instrument which he finds to be false, defective or inaccurate or not to comply with the requirements of this Act or any limitation or condition regarding certification or recertification in terms of section 18(2)(a) or any requirement made by the director in terms of section 24(1)(c), and thereupon such measuring instrument shall be deemed to be uncertified or rejected.
shall at the same time issue to the person in charge thereof a certificate stating the reason for the defacement.
Amendment of section 33 of Act 77 of 1973 16.
"(e) otherwise than in the capacity of an inspector or a verification officer, places upon any measuring instrument any stamp or mark purporting to indicate that such measuring instrument has been certified or recertified; or".
Amendment of section 36 of Act 77 of 1973 17.
Section 36 of the principal Act is hereby amended by the insertion in subsection (6) after the word "inspector' of the words "or verification officer".
Amendment of section 42 of Act 77 of 1973, as amended by section 12 of Act 34 of 1975 and section 3 of Act 14 of l984 18.
"(a)providing for the examination of candidates for appointment as inspectors or verification officers, and prescribing the syllabus, conditions and if it is deemed necessary fees in respect of such examinations;".
This Act shall be called the Trade Metrology Amendment Act, 1993.