| (1) |
No person shall import into the Republic— |
| (b) |
genetic material with the aim to record or register the progeny to be begotten from such genetic material in terms of any breed standards, |
unless such importation has been authorised by the registrar in writing.
| (2) |
Any person desiring to obtain authorisation referred to in subsection (1), shall apply to the registrar in the prescribed manner and in the form determined by the registrar and pay the prescribed application fee in the prescribed manner. |
| (a) |
The registrar shall consider such an application on the basis of the breed standards in his or her possession which were laid down in terms of the constitution of the animal breeder’s society concerned regarding the kind of animal to which such animal or genetic material intended for import, belongs. |
| (b) |
The animal breeder’s society concerned shall provide the registrar in writing with the breed standards referred to in paragraph (a), as often as it may be amended, as well as with information relating to the occurrence of poor performances or hereditary defects of an animal outside the Republic from which the genetic material originates. |
| (c) |
If the registrar is of the opinion that the breed standards are not consistent with a provision of this Act or that it is undesirable for some or other reason, he or she may refer such standards to the animal breeders’ society concerned with a written request to make a recommendation thereon on the grounds set out in the request. |
| (4) |
If the registrar decides to grant an application— |
| (a) |
he or she shall authorise the import concerned in writing and immediately send a copy of the authorisation referred to in subsection (1) to the animal breeders’ society and registering authority concerned; and |
| (b) |
the authorisation referred to in paragraph (a) shall be subject to the prescribed conditions or, in so far as it is not contrary to the conditions or the provisions of this Act, such conditions as may be determined by the registrar. |
| (5) |
A condition referred to in subsection (4)(b) may include a requirement regarding the quality thereof. |
| (6) |
If the registrar refuses such an application, he or she shall notify the applicant in writing of his or her decision and the grounds on which it is based. |
| (7) |
An authorisation in terms of this section shall not exempt the authorised person from the provisions of any other legislation in respect of the import of anything into the Republic. |
| (i) |
a person who has imported an animal or genetic material into the Republic— |
| (aa) |
imported or used such animal or genetic material in contravention of the provisions of this Act; |
| (bb) |
furnished information in or concerning his or her application to import such animal or genetic material to the registrar which is not true in any material respect; or |
| (cc) |
contravened or failed to comply with a condition in terms of which he or she is under this section authorised to import any such animal or genetic material; or |
| (ii) |
the registrar is at any time of the opinion that an animal or genetic material, which such person has under this section been authorised to import, is harmful to animal improvement in the Republic, |
the registrar may, whether or not criminal proceedings have been or may be instituted in terms of this Act against such person, direct him or her by written notice to destroy or remove from the Republic such animal or genetic material before a specified date at his or her own expense.
| (b) |
If such animal or genetic material has not been destroyed or removed from the Republic before the date referred to in paragraph (a), such animal or genetic material shall be forfeited to the State and be destroyed or dealt with in such other manner as may be determined by the registrar. |
| (c) |
Cost incurred by the State concerning the destruction of or the disposal of an animal or genetic material in terms of paragraph (b), may be recovered from the person referred to in paragraph (a). |
South African Institute for Drug Free Sport Act, 1997
