Implementation of Geneva Conventions Act, 2012
R 385
Agricultural Pests Act, 1983 (Act No. 36 of 1983)2. Persons charged with administration of Act |
| (1) | The Minister shall designate as many officers of the department as he may deem necessary as executive officers, who shall, subject to the instructions of the Minister, exercise the powers and perform the duties conferred or imposed upon an executive officer under this Act. |
[Section 2(1) substituted by section 2(a) of Act No. 9 of 1992]
| (2) | An executive officer may delegate any power conferred upon him by or under this Act to an officer, except the power to order under section 7 that something be destroyed. |
[Section 2(2) substituted by section 2(a) of Act No. 9 of 1992]
| (3) | Any decision or order of such an officer may at any time be withdrawn or amended by the executive officer concerned and shall, until it has been so withdrawn or amended and except in the application of this paragraph, be deemed to be a decision or order of such executive officer. |
[Section 2(3) substituted by section 2(a) of Act No. of 1992]
| (4) |
| (a) | If the Minister deems it fit, he may delegate or assign any power conferred upon him by section 8 or any power or duty conferred or imposed upon an executive officer by or under this Act to a person who is not an officer. |
[Section 2(4)(a) substituted by section 2(b) of Act No. 9 of 1992]
| (b) | When the Minister thus delegates or assigns a power or duty, he may determine that— |
| (i) | the power or duty shall be exercised or performed at the expense of the person concerned; |
| (ii) | the person concerned shall have no recourse against the State for any expenses thus incurred; and |
| (iii) | the person concerned shall exercise his powers and perform his duties subject to the instructions of the executive officer concerned. |
[Section 2(4)(b)(iii) substituted by section 2(c) of Act No. 9 of 1992]
| (c) | A juristic person established under any law and to whom a power or duty has thus been delegated or assigned, shall, notwithstanding the absence of any express provision to that effect in the law under which it was established, be deemed to be competent to exercise such power or perform such duty. |
| (d) | Such juristic person may in writing authorize any person in its employment to exercise the power or to perform the duty concerned. |
[Section 2(4) substituted by section 2(a) of Act No. 18 of 1989]
| (5) | Any decision or order of an authorized person may at any time be withdrawn or amended by the Minister or the executive office concerned, as the case may be, and shall, until it has been so amended or withdrawn and except in the application of this subsection, be deemed to be a decision or order of the Minister or such executive officer. |
[Section 2(5) substituted by section 2(d) of Act No. 9 of 1992]
