In this Act, unless the context otherwise indicates—

"Armscor"

means the Armaments Development and Production Corporation of South Africa Limited, established in terms of the Armaments Development and Production Act, 1968 (Act No. 57 of 1968);

"Atomic Energy Corporation"

[Definition deleted by section 59 of Act 46 of 1999]

"biological warfare agent"

means living organisms, including viruses or infectious material derived therefrom, which can be used to cause diseases or death in humans, animals or plants and which usually depend for their primary effects on their ability to multiply in the organism attacked;

"board of inquiry"

means a board of inquiry appointed under section 11;

"chemical warfare agent"

means any chemical, regardless of the origin or method of production thereof, which poses a real or potential risk of being used as a weapon of mass destruction, and which through the specific application of its chemical action on life processes can cause death, temporary incapacity or permanent harm to humans, animals or plants;

"controlled goods"

means goods declared as such under section 13 (1);

"Council"

means the South African Council for the Non-Proliferation of Weapons of Mass Destruction established under section 4;

"data"

includes any data or information of a technical or other nature as well as blueprints, diagrams, plans, models, formulae, engineering designs, specifications, manuals and instructions, whether written or recorded by means of any electronic, magnetic or optical process;

"defensive capability"

means the ability to research, develop, procure, produce, maintain or utilize countermeasures, specifically for protection against the effects of weapons of mass destruction, which do not in any way use the mechanisms, technologies, designs or effects associated with a nuclear explosion or the toxic or infective properties of a chemical or biological warfare agent, and also a related delivery system capable of delivering such weapons;

"delivery system"

means any rocket, ballistic missile system, space launch vehicle, sounding rocket or unmanned air vehicle, including a cruise missile, target drone or reconnaissance drone, capable of delivering a payload of at least 500 kilogram over a distance of not less than 300 kilometres;

"Department"

means the Department of Trade and Industry;

"Director-General"

means the Director-General of the Department;

"dual-purpose capabilities"

means those capabilities relating to technology, expertise, service, material, equipment and facilities which can contribute to the proliferation of weapons of mass destruction, but which can also be used for other purposes, including conventional military, commercial or educational use;

"export"

means to take or send goods from the Republic to a state or territory outside the Republic or to cause goods to be so taken or sent out;

"facility"

means any place, premises, structure, installation or vehicle designed, adapted or equipped for the performance of any process or activity related to controlled goods;

"goods"

includes any technology, data, technical assistance, services, software, processes, activities, facilities, substances, materials, items, equipment, components, assemblies or systems, whether produced in the Republic or imported into the Republic;

"government institution"

means any—

"import"

means to bring goods from outside the Republic into the Republic or to cause goods to be brought into the Republic;

"inspector"

means any person appointed as an inspector under section 12;

"Minister"

means the Minister of Trade and Industry;

"non-proliferation"

means the non-proliferation of weapons of mass destruction;

"permit"

means any permit issued under section 13 (2);

"photograph"

includes any slide, video, motion picture or X-ray photograph;

"premises"

includes any place, facility, structure, installation or vehicle;

"prescribed"

means prescribed by regulation;

"proliferation"

means the proliferation of weapons of mass destruction;

"re-export"

means to export imported goods or to cause imported goods to be exported to a state or territory other than that from which the goods were originally imported;

"regulation"

means any regulation made in terms of this Act;

"sample"

means the minimum quantity required to carry out the procedures necessary in order to obtain a reliable indication as to the nature or composition of the consignment, batch or whole from which the sample is extracted;

"South African Nuclear Energy Corporation"

means the South African Nuclear Energy Corporation, Limited, established by section 3 of the Nuclear Energy Act, 1999;

[Definition inserted by section 59 of Act 46 of 1999]

"system"

means a composition of parts or components that fulfil a specific function or collection of functions;

"technical assistance"

includes the giving of instructions, teaching of skills, training, imparting working knowledge, consulting services or the transfer of data;

"technology"

means any specific information, data or technical assistance required for the design, development, manufacture, deployment, maintenance or use of any weapon of mass destruction, or the execution of any activity related thereto;

"this Act"

includes any regulation;

"transit"

means the conveyance of goods originating in a state outside the Republic, in any unaltered, processed or altered form, or as a part of goods or a system compiled or produced in the Republic, from one state to another through or over the territory, territorial waters or airspace of the Republic;

"vehicle"

means any conveyance used on land, on the sea or in the air;

"weapon of mass destruction"

means any weapon designed to kill, harm or infect people, animals or plants through the effects of a nuclear explosion or the toxic properties of a chemical warfare agent or the infectious or toxic properties of a biological warfare agent, and includes a delivery system exclusively designed, adapted or intended to deliver such weapons.