(Assented to 14 April 1999.
Amendment of section 1 of Act 74 of 1983, as amended by section 2 of Act 34 of 1986, section 1 of Act 86 of 1991, section 1 of Act 96 of 1996 and section 1 of Act 56 of 1998 1.
Insertion of section 16A in Act 74 of 1983 2. The following section is hereby inserted in Chapter 3 of the principal Act, after section 16.
16A. An appeal shall lie against any order made or any refusal to make an order in terms of section 11, 15 or 38(2)(a), or against the variation, suspension or rescission of such order, to the competent division of the High Court of South Africa, and if brought, shall be noted and prosecuted as if it were an appeal against a civil judgement of a magistrate's court.
Insertion of section 28A in Act 74 of 1983 3.
28A. The Minister may, with the concurrence of the Minister of Finance, out of monies appropriated by Parliament for that purpose, establish and maintain secure care facilities for the reception and secure care of children awaiting trial or sentence.
Amendment of section 34 of Act 74 of 1983, as amended by section 10 of Act 86 of 1991 4.
"(1) The Minister may , subject to the provisions of subsection (3), by order in writing transfer any pupil or child from any institution to which heor she has lawfully been sent or from any custody (except the custody of his or her parent or guardian or of the person mentioned in section 15(1)(a)) in which or supervision under which he or she has lawfully been placed, to any institution, custody or supervision mentioned in section 15 of this Act or section 290 of the Criminal Procedure Act, 1977 (Act No. (1) Any person who participates or is involved in the commercial sexual exploitation of a child shall be guilty of an offence.
Amendment of section 54 of Act 74 of 1983 6.
"(1) Whenever in any proceedings in terms of this Act the age of any person is a relevant fact of which no or insufficient evidence is available, the officer presiding at those proceedings may estimate the age of that person by his or her appearance or and from any information which is available, and the age so estimated shall for the purposes of this Act be deemed to be the true age of that person.".