Vol. 442 Pretoria 8 April 2002 No.
STAATSKOERANT, 8 APRIL 2002 No.
DEPARTMENT OF TRADE AND INDUSTRY No.
I, Alexander Erwin, the Minister of TradeandIndustry do hereby publish for general comment amendments to the Trade Metrology Act, 1973 (Act No. 77 of 1973) asset out in the Trade MetrologyAmendment Bill together withthe explanatory memorandum attached hereto.
STAATSKOERANT,. 8 APRIL 2002 No.
Words in bold type in square indicate from existing enactments.
To amend the Trade Metrology Act, 1973, so as to amend definitions; to change the provisions madefor standards; to prescribe new verification intervals for standards; toamend headings of sections; to substitute the word council by the word committee; to increase the penalties paid as a result of a contravention.
Amendment of section Iof Act 77 of 1973,as amended by sectionIof Act 34 of 1975, section Iof Act 15 of 1990, section Iof Act 17 of 1993 and section Iof Act42 of 1994.
by the substitution for the definition of "specifiedmeasuring instrument" of the following definition: 'I 'specified measuring instrument' means any measuring instrument of a class or kind specified by the director or any measuring instrument having a valid verification status and which has been repaired without having an affect on its accuracy or invalidating its status as a verified instrument, but not a measuring instrument which has been rejected in terms of section 25;".
Repeal of sections8 and 9 of Act 77 of 1973.
Sections 8 and 9 of the principal Act are hereby repealed.
Amendment of section 11 A of Act 77 of 1973, as inserted by section3 of Act 42 of 1994.
by the substitution for subsection.
"(1)The director or an in terms of section accredited laboratory designated 7 (2) shall provide for use by any inspector or verification officer such measuring standards (in this Act referred to as verification standards) as may be required by such inspector or verification officer for the purpose of carrying out his duties and functions under this Act."
Provided that verification standards of volume made of glass shall be reverified and certified within such. intervals as the director may deem fit.
Amendment of section 11 B of Act 77 of 1973, as inserted by section 3 of Act 42 of 1994.
by the substitution for subsection (1) of the following subsection: (1) Every measuring instrument, other than any verification standard, used by any inspector or verification officer for the purposes of carrying out his or'her duties and functions under this Act, shall be inspected and tested before being taken into use and thereafter at such intervals as may be prescribed by regulation, and a record of each such inspection and testing shall be made and kept by the director or accredited laboratory responsible for providing such measuring instrument to any inspector or verification officer.
I Amendment of section 10 of Act 77 of 1973.
STAATSKOERANT, 8APRIL 2002 No. 23304 7 of section 7 (11shall provide for use by an inspector or examiner such measuring standards (in this Act referred to as inspection standar'ds) as may in the opinion of the director be required by such inspector examiner for the purpose of carrying out his duties and functions under this Act.
by the substitution for subsection (2) of the following subsection: "(2) The valueof an inspection standard shall, with due allowance for the limits of error prescribed by regulation, agree with the value signified by the denomination of such inspection standard at the time of verification thereof [and shall be verified with regional standards and certified accordingly by theinspector in whose custodytheregional standards with which it is so verified are kept in terms of section9 (I)]."
be verified or reverified with such standards as may be approved by the director [regional standards and certified accordingly by the inspectorinwhose custody the regional standards with which any such inspection standardis so verified or reverified are kept in terms of section 9 (I)]: Provided that inspection standards of volume made of glass shall be reverified and certified within such intervals as the director may deem fit.
Amendment of section1Iof Act 77 of 1973.
Every measuring instrument, other than any [regional or inspection standard]masspiece or measure, used by the director or any inspector or examiner for the purposes of carjling out his duties and functions under this Act, shall be inspected and tested before being taken into use and thereafter at such intervals as may be prescribed by regulation, and a record of every such inspection and testing shall be made and'kept by the director or [theinspectorreferred to in section 9 (I)] oricianization appointed in terms of section 7(1).
Amendment of section 18 of Act 77 of 1973, as amended by section 1 0% Act 44 ~f''I984.
Section 18 of the principal Act is hereby amended by the substitution for subsection (5) of the following subsection: "(5) The director shall, after consultation with the [council] committee, decide on the issue of any certificate referred to in subsection (2) and may cause to be made known particulars of any such certificate in such manner as he may deem fit.".
Amendment of section 22 of Act 77 sf 1973, as amended by section 2 of Act 14 sf 1984 and section 42 of Act 17 of 1993.
Section 22 of the principal Act is hereby amended by the substitution forthe heading of the following heading: "Fees to be charged by inspectors a1-14" accredited laboratories.".
Amendment of section 23 sfAct 77 of 1973, as amended by section 7 of Act 34 of 1975.
Section 23 of the principal Act is hereby am, ended by the substitution fer subsection (5) of the following subsection (5) of the following subsection: (5) Any decision by the director under this section shall be given by him after consultation with the [council] committee.
Amendment of section 24 of Act 77 of 1973, as amendedby section 10 of Act 15 sf 1990 and section 14 ofAct 17 of 1993.
(2) Any decision of any inspector under this section shall be liable to revision by, and subject to appeal to, the [council] committee.
(3)Any costs incurred by the SABS council in connection with any appeal which in the opinion of the [council]committee is base on frivolous grounds, shall be borne by the appellant.
Amendment of chapter VII of Act 77 of 1973 as amended by section 12 6.4 Act 42 ad 1994.
STAATSKOERANT, 8APRIL 2002 No.'
Amendment of section 42 ofAct 77 sf 1973, as amended by section 1%of Act 34of 1975, section 3 of Act 14 of 1984,section 18 of Act 17 of 1993 and section 14-Of Act 42 Qf 199.4.
I: (c)prescribing conditions for the supply, care, and'custody, verification certification of all classes of measuring standards and measuring instruments referred t~ in sections 8, 9, IO and 11 [IIA and I1B].
a3. Section 43 sf the principal Act is hereby amended by the substitution therefor of the following section: "43. Any person who contravenes or fails to comply with any provisionof this Act shall be guilty of an offence and shall, be liable on a first conviction to a fine not exceeding [one] two hundred thousand rand or imprisonment for a period [not exceeding six months,] decided by the court, and on a second or subsequent conviction to such fine ar [such]imprisonment without the option of a fine."
TITLE: TRADE METROLOGY AMENDMENT BILL, 2002 1.
The purpose oftheamendments to the Act is to amend definitions, to change the provisions made for standards, to prescribe new verification intervals for standards, to amend headings of sections, tosubstitutethe , word "council" by the word "committee" and to increase the penalties paid as a result of a contravention.
Repeal of sections8 and 9, which require the maintainingof departmental and regional standards respectively. These are no longer required as the SouthAfricanBureau of Standards (SABS)laboratorystandardsare directly.traceable to the national standards at a higher accuracy classthan previously required, Previously, SABS was responsible for traceability of standards but they now work in terms of the SANAS accreditation.
Sections 11A and I1B are renumbered as Sections 8 and 9 respectively andamended to include\standards used bySABSinspectors.
SABS 1697 and SABS 1698, which deal with verification standards, have been published, all standards used in terms of the Act must comply with these. Thiswill level the playingfieldbetweenSABSandAccredited Laboratories.
Section 11 is amended to bring it in line with the new sections 8 and 9 and theamendedsection 10. Thenewsection 10 refers to measuring standardsthereforesection 11 needs to be amended to remove any reference to regional and inspection standards. The repealedof section 9 referred to regional standards, whereasthenewsection9does not, requiring the deletion of the reference. The amendment also now includes other organizations that may be appointed under the Act and who should also use accurate instruments.
Section 18 is amended by replacing the word "council" with "committee.". With the transfer of the trade metrology function to the.
Committee. the amendment changing of the word "council" to "committee" whereit appeared in various section of the Act, was omitted.
2.8Amendment of Section 23 of Act 77sf 1973,as amended by Section 7 of act 34.
Section 23 is amended by replacing the word "council" with "committee" for reasons specified in paragraph 4.6 above.
2.9Amendment of Section 24 of Act 77 of 1973,as amended by Section IO of Act 15 of 1990and Section 14of Act 17of 1993 Section 24is amended by replacing the word "council" with "committee" in subsections (2)and (3)for the reasons specified in'paragraph 4.
Sections 1la and 1 1bhave been renumbered to sections 8 and9 respectively and the amendment to section 42 deletes sections 1la and 1Ib, which no longer exist.
Section 43of the Act is amended to increase the penalty for contravention of theActfrom one thousand to two hundredthousandRand. This is necessary as the current fine is no deterrent and is paid gladly.