Acts Online
GT Shield

Precious Metals Act, 2005 (Act No. 37 of 2005)

15. Register of transactions to be kept by certain persons dealing in unwrought precious metal

 

 

(1)
(a) Every holder of a refining licence or a precious metal beneficiation licence, authorised dealer or producer who deposits for safe-keeping, receives, despatches or otherwise disposes of unwrought precious metal must keep a true and correct register in the prescribed form and for the prescribed period of all such precious metal deposited, received, despatched or otherwise disposed of by him or her.
(b) The person contemplated in paragraph (a) must enter in such register immediately after the conclusion of each such transaction—
(i) the date of the transaction;
(ii) the names and addresses of the parties to the transaction;
(iii) the nature and mass of the material or the mass of the precious metal which is the subject of the transaction;
(iv) the price, if any, received or paid.

 

(2) Every holder, authorised dealer or producer 'contemplated in subsection (1) must—
(a) on a quarterly basis submit to the Regulator a true copy in duplicate of such register for the last preceding quarter, together with an affirmation or a solemn declaration of the correctness thereof; and
(b) produce and exhibit such register whenever requested to do so by an Inspector appointed in terms of section 3(2)(c) or any member of the South African Police Service holding a rank of or above the rank of sergeant.

 

(3)
(a) Subsections (1) and (2) apply with the necessary changes and subject to paragraph (b) to the holder of a special permit contemplated in section 2(1)(e).
(b) The Minister may exempt any holder contemplated in paragraph (a) or any class of such holders from the application of subsections (1) and (2).

 

(4) Subject to subsection (5), any information or data in the register submitted in terms of subsection (2)(a) may be disclosed to any person—
(a) in order to achieve any object of the Regulator; or
(b) pursuant to the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).

 

(5) No information or data in the register submitted in terms of subsection (2)(a) may be disclosed to any person if it contains information or data supplied in confidence by the supplier of the information or data.

 

(6) Any person submitting information or data in terms of subsection (2)(a) must inform the Regulator and indicate which information and data must be treated as confidential and may not be disclosed, unless with the written approval of the licensee.