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Trade Metrology Act, 1973 (Act No. 77 of 1973)

Chapter VIII : General and Miscellaneous

42. Regulations

 

 

(1) The Minister may make regulations not inconsistent with this Act
(a) providing for the examination of candidates for appointment as inspectors or verification officers, and prescribing the syllabus, conditions and fees in respect of such examinations;

[Paragraph (a) substituted by section 18 of Act No. 17 of 1993.]

(b) defining the limits of error or sensitivity allowed in any measuring instrument;
(c) prescribing conditions for the supply, custody, care, verification and certification of all classes of measuring standards and measuring instruments referred to in sections 8, 9, 10, 11, 11A and 11B;

[Paragraph (c) substituted by section 14 (a) of Act No. 42 of 1994.]

(d) regulating the manner in which the director, any inspector, verification officer, examiner or other person appointed under this Act, or any police officer, shall carry out his duties under this Act;

[Paragraph (d) substituted by section 14 (a) of Act No. 42 of 1994.]

(e) prescribing the classes or kinds of measuring instruments which shall be approved or certified or re-certified in terms of section 18;
(f) prescribing the purposes for which only a measuring instrument approved or certified or re-certified in terms of section 18, may be used;
(g) prescribing the conditions with which any attachment, device or ancillary equipment connected with any model measuring instrument approved in terms of section 18, shall comply;
(h) prescribing the manner in which any measuring instrument shall be submitted for approval in terms of section 18;
(i) prescribing the manner in which the examination of any model measuring instrument or part thereof submitted for approval in terms of section 18, shall be carried out;
(j) prescribing and approving the material, design and construction of measuring instruments or specified models, classes or kinds of measuring instruments;
(k) limiting the purposes for which certain measuring instruments may be used, and imposing conditions or limitations upon the use of any kind of measuring instrument;
(l) prescribing the manner in which measuring units may be used;
(m) prohibiting the expression of any quantity or of the dimensions of any goods in terms of certain measuring units or in any other manner not authorised by this Act;
(n) prescribing the manner in which any denomination or the symbol of any measuring unit or any multiple or sub-multiple thereof shall be represented on any prepacked goods or on or by any measuring instrument;
(o) prohibiting the certification, re-certification or use for any prescribed purpose of measuring instruments or specified models, classes or kinds of measuring instruments which are liable to become inaccurate or to result in or facilitate fraud or deception or which are not made in accordance with the relevant specifications or are found to be unsuitable for such prescribed purpose;
(p) prescribing the times and places at which measuring instruments shall be submitted for inspection and testing with a view to the verification, adjustment, repair, stamping, sealing, certification or re-certification thereof if used for any prescribed purpose;
(q) exempting from the provisions of section 23(1) or 26 any class or make of measuring instrument or any measuring instrument used for any prescribed purpose or in any particular manner, and prescribing the conditions, limitations and requirements in connection with the maintenance, use or degree of accuracy of any measuring instrument so exempted in terms of such regulations or by the director under section 23(2);

[Paragraph (q) substituted by section 12 (a) of Act No. 34 of 1975.]

(r) prescribing the capacity of measuring instruments exempted from a notice in terms of section 19;
(s) prescribing the manner in which any certifying stamp or any certificate shall be defaced or cancelled;
(t) restricting or prohibiting the manufacture, import, use, possession or certification of certain measuring instruments or containers;
(u) prescribing compulsory use or possession of particular measuring instruments in particular cases;
(v) [Paragraph (v) deleted by section 14 (b) of Act No. 42 of 1994.]
(w) [Paragraph (w) deleted by section 14 (b) of Act No. 42 of 1994.]
(x) prescribing the manner of indicating or determining the quantity, size or number of any goods or articles sold, including any case where such goods or articles are in prepacked form or are measured at the time of sale, and providing for exemption from the duty of so indicating the quantity of any specified goods or articles so sold;
(y) determining the prescribed purposes for which, and the kinds of goods or articles in respect of which, certain measuring units only may be used for expressing quantity in trade transactions;
(z) prescribing the conditions on which fluids or solids may be sold by quantity, size or dimensions, and the conditions, relating to temperature, on which fluids shall be sold;
(aa) prescribing the permissible limits of error or difference which may exist between the actual and represented quantity, size or dimensions of goods or articles, sold by number or in accordance with any measuring unit;
(bb) prescribing the metric quantity in terms of which any drug or medicine prescribed by any medical practitioner by means of apothecaries' measuring units, shall be dispensed by any chemist and druggist;
(cc) regulating and controlling the sale or import for sale, in accordance with any measuring unit, of any commodity used by the public, and requiring that such commodity shall only be sold in specified containers or by means of certified or re-certified measuring instruments or in accordance with any measuring unit or by number and shall be prepacked according to a particular scale of quantities, sizes or dimensions;
(dd) prescribing a list of articles which, by reason of their being subject to variation in mass owing to their properties or to climatic influences or which by reason of the use of mass to designate grade or class only or which for any other reason are exempted from the provisions of this Act relating to the sale of goods by net mass, and prescribing the size of the letters or any other method of indicating the net mass of the contents of containers at the time of packing;
(ee) prescribing the permissible equivalent in which a measuring unit may be expressed in terms of another measuring unit of the same physical quantity;
(ff) prescribing the equivalents giving the permissible quantity of goods or articles expressed in terms of the measuring units of one physical quantity as the quantity expressed in terms of the measuring units of another physical quantity;
(gg) prescribing tables giving the permissible quantity per container used in trade in respect of fruit, vegetables, agricultural produce and any dry commodities;
(hh) prescribing the forms to be used in connection with this Act;
(ii) prescribing the permissible denominations of mass pieces and measures and the manner in which such denominations shall be shown on the mass pieces or measures in question;
(jj) providing for the continued use of any measuring instrument after rejection thereof by any inspector;
(jjA) with regard to any delivery note referred to in section 40;

[Paragraph (jjA) inserted by section 12 (b) of Act No. 34 of 1975.]

(jjB) prescribing specifications for, and conditions, limitations and requirements in connection with the use or degree of accuracy of, particular containers;

[Paragraph (jjB) inserted by section 12 (b) of Act No. 34 of 1975.]

(kk) with regard to any other matter which in terms of this Act is required or permitted to be prescribed,

and generally for the more effectual carrying out of the objects and purposes of this Act.

 

(2) Any regulation may be made in respect of the whole of the Republic or any part thereof.

 

(3) The regulations may authorise the director to grant exemption in writing from any provision thereof on such conditions and for such period as he may deem fit.

[Sub-section (3) substituted by section 3 of Act No. 14 of 1984.]