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National Conventional Arms Control Act, 2002 (Act No. 41 of 2002)

Chapter I : Committee, Secretariat and Inspectorate

9. Inspectorate

 

 

(1)        

(a) The Minister must establish an inspectorate that is separate from the secretariat.
(b) The Inspectorate is accountable only to the Committee.

 

(2) The object of the Inspectorate is to ensure—
(a) that trade in and in possession of controlled items is conducted in compliance with this Act; and

[Paragrah 2(a) amended by section 5(a) of the National Conventional Arms Control Amendment Act No. 73 of 2008]

(b) that the internal regulatory processes of the Committee are complied with.

 

(3)
(a) The Inspectorate consists of the persons appointed as inspectors by the Minister, in consultation with the Committee.
(b) An inspector must possess the necessary expertise to enable him or her to perform the functions of an inspector efficiently.

 

(4)
(a) Every inspector must be issued with a document, signed by the Minister, confirming that person’s appointment as an inspector.
(b) When performing functions as an inspector, the inspector must show the document mentioned in paragraph (a) to any person who requests it.

 

(5) An inspector must be paid such remuneration and allowances as the Minister may determine, after consultation with the Committee and with the approval of the Minister of Finance.

 

(6)
(a) The Minister may, with the concurrence of the Committee, designate any employee of the State as an inspector.
(b) Any employee designated as an inspector must exercise his or her powers under this Act in consultation with the Inspectorate.

[Subsection (6) inserted by section 5(b) of the National Conventional Arms Control Amendment Act No. 73 of 2008]

 

(7) In the exercise of powers vested in an inspector in terms of this section, the inspector may call upon a police officer to assist with the execution of that power.

[Subsection (7) inserted by section 5(b) of the National Conventional Arms Control Amendment Act No. 73 of 2008]