Document ID: chunk:federal_register_of_legislation:C2004A04933:body:0:p10
Version: federal_register_of_legislation:C2004A04933
Segment Type: other
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Character Range: 23384–26324

or of any other person or persons) as the Commission requires to enable criminal records to be checked for the purposes of applying sections 11YA and 14A to the claim.".

SCHEDULE—continued

PART 11—CAPITAL EXPENDITURE

53. Section 11N:

Repeal the section, substitute:

Capital expenditure

"11N. Expenditure of a capital nature is non-claimable expenditure unless it is expenses of the kind referred to in section 11F, 11J or 11K.".

PART 12—REPUBLIC OF SOUTH AFRICA

54. Section 10:

Repeal the section.

PART 13—FRAUD AND FALSE OR MISLEADING STATEMENTS

55. After subsection 39(1):

Insert:

"(1AA) For the purposes of establishing a contravention of subsection (1), if, having regard to:

    (a) a person's abilities, experience, qualifications and other attributes; and

    (b) all the circumstances surrounding the alleged contravention of that subsection;

the person ought reasonably to have known that the amount was not payable, the person is taken to have known that the amount was not payable.".

56. Paragraphs 39(1A)(a) and (b):

Omit the paragraphs, substitute:

    "(a) obtain, or attempt to obtain, an amount by way of grant by means of a statement that is false or misleading in a material particular, where the person:

        (i) knows that the statement is false or misleading in a material particular; or

        (ii) is reckless as to whether the statement is false or misleading in a material particular; or

    (b) obtain, or attempt to obtain, an amount by way of grant by means of a book, record or document that contains information that is false or misleading in a material particular, where the person:

SCHEDULE—continued

        (i) knows that the book, record or document, as the case requires, contains information that is false or misleading in a material particular; or

        (ii) is reckless as to whether the book, record or document, as the case requires, contains information that is false or misleading in a material particular; or

    (c) make to the Commission, or to a person having duties or functions under this Act, a statement that is false or misleading in a material particular, where the first-mentioned person:

        (i) knows that the statement is false or misleading in a material particular; or

        (ii) is reckless as to whether the statement is false or misleading in a material particular.".

57. Paragraph 39(2)(b):

After "the knowledge" insert "or recklessness".

58. Paragraph 39(2)(b):

After "be knowledge" insert "or recklessness, as the case requires, ".

PART 14—CHANGE IN OWNERSHIP OF BUSINESS ETC.

59. Subsection 19(1):

Omit "the Commission is satisfied that".

60. Paragraph 19(1) (b):

Omit ", in the opinion of the Commission, is substantially", substitute "is to any extent".

61. Subsection 19(1):

Omit "the Commission may", substitute "then, unless the Commission grants a special exemption from this section, the Commission must".

62.