Acts Online
GT Shield

National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)

Interpretation and Purpose of Act

1. Definitions

 

In this Act, unless the context indicates otherwise—

 

"amendment"

with regard to a compulsory specification, includes the complete or partial substitution of one or more of the provisions of a compulsory specification;

 

"Board"

means the Board of the National Regulator for Compulsory Specifications appointed in terms of section 6;

 

"commodity"

includes any substance or any element or characteristic of a commodity or a category or system of commodities;

 

"compulsory specification"

means a compulsory specification contemplated in section 13;

 

"conformity assessment"

means the procedure used to determine, directly or indirectly, that the relevant requirement in technical regulations, standards or any other relevant and validated documentation has been fulfilled;

 

"distinctive mark"

means a mark prescribed in terms of this Act which is applied to a commodity;

 

"examine"

means to inspect or analyse a product or service closely in order to determine compliance of the product or service with the requirements of a compulsory specification;

 

"importer"

means an importer as defined in section 1(1) of the Customs and Excise Act, 1964 (Act No. 91 of 1964);

 

"inspector"

means a person appointed as an inspector in terms of section 16(1);

 

"issue"

with regard to a compulsory specification, includes making available by means of electronic, photographic or another medium;

 

"letter of authority certificate"

means a letter of authority issued to a manufacturer or importer in terms of section 5(2)(j);

 

"manufacture"

includes produce, assemble, alter, modify, adapt, convert, process or treat;

 

"market surveillance inspection"

means any activity of the National Regulator, other than testing, concerned with determining, either directly or indirectly, whether any or all of the requirements of a compulsory specification are met;

 

"Minister"

means the Minister responsible for trade and industry;

 

"National Regulator"

means the National Regulator for Compulsory Specifications of South Africa established by section 3(1);

 

"premises"

means any land or any building or other structure, and includes any train, boat, ship, aircraft or other vehicle;

 

"prescribed"

means prescribed by regulation or notice in terms of this Act;

 

"product"

means any commodity that is manufactured or any agricultural product, including fish and fish products;

 

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"regulation"

means a regulation made under section 36;

 

"SABS"

means the South African Bureau of Standards;

 

"sales permit"

means a permit issued under section 14(4);

 

"SANS"

means a South African National Standard approved by the South African Bureau of Standards in accordance with the Standards Act, 2008;

 

"sell"

includes—

(i) display, offer or advertise for sale; or
(ii) export from the Republic for or in pursuance of a sale;
(iii) having in possession for the purposes of sale, trade, manufacture or export from the Republic;
(iv) exchange, donate, lease or offer or display for leasing;

 

"system"

with regard to a commodity, means a system which is designed to achieve a particular purpose or to perform a specific function;

 

"this Act"

includes a regulation made under section 36.