Basic Conditions of Employment Act, 1997
R 385
National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)Regulations, 20106. Sales permits |
| (1) | A manufacturer, builder or importer in possession of a commodity or product that does not fully comply with the compulsory specification that applies to it, may apply to the National Regulator for a sales permit in terms of section 14(4) of the Act. |
| (2) | Any application for a sales permit contemplated in subregulation (1) shall be accompanied by the appropriate non-refundable fee as set by the Minister in accordance with regulation 3, and paid to the National Regulator. |
| (3) |
| (a) | Applications for a sales permit as contemplated in subregulation (1) or (4) shall be submitted in writing to the National Regulator. |
| (b) | Each application shall be reviewed by a review committee for a decision on whether or not to formally recommend approval by the CEO, and any specific conditions that should be applicable. |
| (c) |
| (i) | If satisfied with the recommendation of the review committee, the CEO shall approve the sales permit by signature. |
| (ii) | If not satisfied with the recommendation of the review committee, the CEO may vary the recommendation after consulting with the review committee. |
| (d) | The CEO shall notify the applicant of the outcome of the application in writing. |
| (4) |
| (a) | A sales permit may be granted for commodities or products to which a compulsory specification applies, that do not comply with certain requirements of such specification, provided that those commodities or products are specifically manufactured or built for export to a country outside the RSA. |
| (b) | Subregulation (4)(a) shall only apply to commodities or products manufactured or built to alternative requirements specified in technical regulations applicable to such country. and where such exportation is assured in writing by the manufacturer or builder. |
| (c) | The assurance contemplated in subregulation (4)(b) shall be binding on the manufacturer or builder and any deviation therefrom shall invalidate the said sales permit. |
| (5) | The manufacturer, builder or importer of a commodity or product, for which a sales permit has been granted shall be bound by any conditions stipulated therein and failure to adhere to such conditions shall invalidate the said sales permit. |
| (6) | Except where resale is specifically prohibited in the conditions, subject to which a sales pen-nit is issued, the sales permit shall also cover the resale of the commodity or product by a person other than the sales permit holder: Provided that the existence of any restrictive condition of sale shall be disclosed in any successive sales document. |
| (7) | A sales permit issued for a commodity or product shall not be transferable. |
