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Consumer Affairs (Unfair Business Practices) Act, 1988 (Act No. 71 of 1988)

11. Procedure in respect of arrangements by committee

 

1) The Minister may after consideration of a recommendation by the committee in terms of section 10(2)(a)--
a) direct the committee to undertake such negotiations as are referred to in section 9(1) and, if it has made a relevant arrangement, to report to the Minister thereon; and
b) if the committee advises him that it has found it impracticable to negotiate with any relevant person or body or has not within a period determined by the Minister, and which he may from time to time in his discretion extend, succeeded in making an arrangement with such a person or body, take such steps under section 12(1) as the committee may recommend.

 

2) The Minister may after consideration of a report by the committee on an arrangement contemplated in section 9(2) or subsection (1)(a) of this section, if he considers it to be in the public interest--
a) confirm the arrangement, either without modification or with such modifications, if any, as may be agreed to by the person concerned, and either unconditionally or subject to such conditions as may be agreed to by that person and as the Minister may on the recommendation of the committee deem fit; or
b) set aside the arrangement and give such directions or prescribe such requirements under section 12(1) as he may on the recommendation of the committee consider necessary under the circumstances,

and such an arrangement or modified arrangement, together with the conditions, if any, subject to which it has been confirmed, shall be published by the Minister in the Gazette, and shall thereupon have the same effect as a notice under section 12(1).

 

3) Any person who contravenes or fails to comply with a notice under subsection (2) shall be guilty of an offence.