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Prevention of and Treatment for Substance Abuse Act, 2008 (Act No. 70 of 2008)

Chapter 11 : General Provisions

65. Regulations

 

(1) The Minister may make regulations regarding—
(a) any matter which may or must be prescribed in terms of this Act;
(b) any form that is required in the administration of the provisions in terms of this Act; and
(c) any ancillary or incidental administrative or procedural matter that is necessary to prescribe for the proper implementation or administration of this Act.

 

(2) Any regulation made under subsection (1) which may result in expenditure for the State, must be made in consultation with the Minister of Finance.

 

(3)
(a) Regulations made under subsection (1) may prescribe penalties for any contravention by any service user of any rules prescribed by the management of a treatment centre under powers conferred upon it by regulation.
(b) Such penalties may take the form of any one or both of the following:
(i) Forfeiture of one or more specified privileges for a specified period;
(ii) increase in normal hours of labour by not more than one hour per day for a period not exceeding two days.
(c) If any form of penalty referred to in paragraph (b) is prescribed, the regulations must specifically provide that no such form of penalty may be imposed unless the medical officer responsible for the medical care of the service user concerned has certified that such penalty will, in his or her opinion, not be harmful to the health of that service user.
(d) The penalty referred to in this subsection must not include corporal punishment or degrading, inhumane and cruel treatment.

 

(4) Different regulations may be made under subsection (1) in respect of different public or private treatment centres or private or public halfway houses or different categories of public or private treatment centres or public or private halfway houses and the regulations may differentiate between different groups of service users in such treatment centres and halfway houses generally or in any particular treatment centre or halfway house.