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Basic Conditions of Employment Act, 1997 (Act No. 75 of 1997)

Sectoral Determinations

Sectoral Determination 10 : Children in the Performance of Advertising, Artistic and Cultural Activities, South Africa

Part A : Scope of Application

2. Granting of permit


(1) With effect from 16 August 2004, no person may employ a child in advertising, artistic and cultural activities, except in terms of a permit granted in terms of this Determination.


(2) Despite clause 2(1), within three months of the date on which the Sectoral Determination comes into effect, an employer must apply for a permit for children who are in employment on that date as required by clause 2(4).


(3) The following persons may not employ a child in advertising, artistic and cultural activities:
(a) a person under 18 years at the date of applying for a permit; and
(b) anyone convicted of any offence under any law protecting children, any employment law or any law regulating advertising, artistic and cultural activities within the five years preceding the application for a permit.


(4) A person who is not disqualified in terms of sub-clause (3) must apply to the Minister for a permit in the Form of SD 10.1 to this Determination. A permit must be issued in the Form of SD 10.2 to this Determination.


(5) The Minister may require an applicant to submit further information in support of an application.


(6) The Minister—
(a) must determine the period for which a permit is granted;
(b) may impose conditions on the granting of any permit;
(c) must issue a permit granted in writing; and
(d) must notify any applicant who has been refused a permit in writing.