[Section 16(1)(a) substituted by section 8(a) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
| (b) |
The provisions of paragraph (a) shall not apply to— |
[Section 16(1)(b)(i) substituted by section 8(b) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
| (ii) |
a product referred to in that paragraph that is imported by or for a Head of State, or by or for a diplomatic or other foreign representative referred to in Item 406.00 of Schedule 4 of the Customs and Excise Act, 1964 (Act No. 91 of 1964); and |
| (iii) |
a product referred to in that paragraph that is imported for a prescribed purpose, or of which a consignment does no1 exceed the prescribed volume. |
| (2) |
An application for an import certificate shall be made in the prescribed manner, and the prescribed application fee shall be payable in respect thereof. |
| (a) |
Subject to the provisions of paragraph (b), an import certificate shall be issued only if— |
[Section 16(3)(a)(i) substituted by section 8(c) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
| (ii) |
in the case of a product imported in the containers in which it is to he sold in the Republic, the labels on those containers comply with the applicable requirements of this Act. |
| (b) |
An import certificate may also be issued in respect of a product other than a that product referred to in paragraph (a)(i) if— |
| (i) |
that product does not contain a particular prescribed substance to a greater extent than prescribed; |
| (ii) |
that product is imported in the fully labelled containers in which it is to be sold in the Republic; |
| (iii) |
the labels on those containers comply with the applicable requirements of this Act; and |
| (iv) |
the Authority recommends that the application for the import certificate concerned be granted. |
| (a) |
An import certificate shall be issued on the conditions determined by the administering officer or, in the case of a product referred to in subsection (3)(b), the Authority. |
| (b) |
The further disposal of a product that is imported in bulk shall be subject to compliance with the prescribed directions. |
| (a) |
A product that is imported into the Republic contrary to the provisions of subsection (1) or a condition determined under subsection (4)(a), or in respect of which the prescribed directions referred to in subsection (4)(b) have not been complied with, shall, at the option of the importer thereof— |
| (i) |
at the expense of such importer be removed by him from the Republic within such period as the administering officer may determine; |
| (ii) |
with the approval of the administering officer and subject to such conditions as he may determine, be treated or dealt with so that the product concerned thereafter complies with the applicable provisions of this Act; or |
| (iii) |
be forfeited to the State, and thereafter destroyed. |
| (b) |
If an importer fails to remove such product from the Republic within the period determined in terms of paragraph (a)(i), or to comply with a condition determined in terms or paragraph (a)(ii), that product shall be forfeited to the State, and thereafter be destroyed. |
| (c) |
The State may recover any expenses incurred by it in connection with the destruction of a product in terms of paragraph (a)(iii) or (b) from the importer concerned. |
| (6) |
A certificate of removal issued in terms of section 27A of the Wine, Other Fermented Beverages and Spirits Act, 1957 (Act No. 25 of 1957), and in force immediately prior to the date of commencement of this section, shall be deemed to be an import certificate which has been issued in terms of this section. |
Contingency Fees Act, 1997
