| (2) |
For the purposes of subsection (1) ‘‘possess controlled items’’ does not include the possession of such items under the following circumstances: |
| (a) |
In the case of firearms, ammunition, prohibited firearms and restricted firearms, referred to in the Firearms Control Act, 2000 (Act No. 60 of 2000), if these items are— |
| (i) |
possessed by official institutions and members of official institutions, referred to in Chapter 11 of the Firearms Control Act, 2000, in accordance with the procedures laid down by, or a licence, permit or authorisation issued under, Chapter 11 of the Firearms Control Act, 2000; |
| (ii) |
possessed by any person, business, firearms dealer or manufacturer, security service provider or as part of a public or private collection, in accordance with a licence, permit or authorisation issued or recognised in terms of the Firearms Control Act, 2000; |
| (iii) |
imported, exported, stored, used or transported by a defence force or police force of any country or any multinational or international defence force or policing agency, or possessed by any member of such force or agency while on official duty, by virtue of an exemption from the provisions of the Firearms Control Act, 2000, granted by the Minister of Safety and Security, after consultation with the Ministers of Defence and of Foreign Affairs, by notice in the Gazette; |
(b) in the case of explosives—
| (i) |
which in terms of the Explosives Act, 2003 (Act No. 15 of 2003), are defined as explosives, unauthorised explosives, authorised explosives or plastic explosives if such explosives are possessed by a person, manufacturer or dealer by virtue of a permit, licence or authorisation issued in terms of that Act; |
| (ii) |
if the transfer, storage, transportation, manufacturing, destruction, distribution or any other use thereof relate to occupational health or occupational safety and are governed and approved by or under the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), or the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993); |
| (iii) |
if the explosives are imported, exported, stored, used, manufactured or transported by a defence force or police force of any country or any multinational or international defence force or policing agency, by virtue of an exemption from the provisions of the Explosives Act, 2003 (Act No. 15 of 2003), granted by the Minister of Safety and Security to any such force or agency, or any member thereof while on official duty, after consultation with the Ministers of Defence and of Foreign Affairs and by notice in the Gazette; |
| (c) |
in the case of controlled goods as defined in section 1 of the Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993), if such goods are possessed by virtue of a permit issued by the South African Council for the Non-Proliferation of Weapons of Mass Destruction, under section 13(2) of that Act; |
| (d) |
in the case of radio apparatus as defined in the Electronic Communications Act, 2003 (Act No. 36 of 2003), if such apparatus is possessed by virtue of a licence issued in terms of that Act; |
| (e) |
in the case of nuclear material, restricted material and nuclear-related equipment and material as defined in section 1 of the Nuclear Energy Act, 1999 (Act No. 46 of 1999), if such material is possessed by virtue of a written authorisation issued in terms of section 34 of that Act; |
| (f) |
in the case of other controlled items, not mentioned in paragraphs (a) to (e)— |
| (i) |
if such items are required to be possessed by the security services of the Republic referred to in section 199 of the Constitution and security services established by national legislation, in the performance of their functions; |
| (ii) |
if the possession thereof is necessary for the transfer of such controlled item that a permit authorising such possession has been issued and the possession of such controlled item is in accordance with the provisions and conditions stipulated in such permit; and |
| (iii) |
being a vehicle, aircraft or vessel, if the possession is necessitated for emergency repairs; |
| (g) |
in the case of maintenance, repair, or upgrade of controlled items— |
| (i) |
possession is permitted if such possession is only for the purposes of maintenance, repair or upgrade of controlled items belonging to a duly registered person as contemplated in section 13; |
| (ii) |
such possession as referred to in subparagraph (i) is limited to the following conditions: |
| (aa) |
Maintenance, repair or upgrade must be carried out within a reasonable time; and |
| (bb) |
while the controlled items are in possession of the person carrying out the maintenance, repair or upgrade, such person may not use such controlled items for any purpose other than for testing. |
[Section 13 substituted by section 7 of the National Conventional Arms Control Amendment Act No. 73 of 2008]
Public Service Commission Act, 1997
