| (1) |
Every fresh produce agent contemplated in paragraph (a) of the definition of "fresh produce agent" in section 1 shall in respect of his or her activities as such, keep, at a place approved by the council, full and correct accounting records of— |
| (a) |
all money received, kept or expended by him or her, including money deposited in a trust account referred to in section 19(1)(a) or invested in a savings or interest-bearing account referred to in section 19(3)(a); |
| (b) |
all his or her assets and liabilities; |
| (c) |
all his or her financial transactions; and |
| (d) |
all agricultural produce received, kept, sold and lawfully destroyed. |
(2)
| (a) |
Such fresh produce agent shall cause the said accounting records to be audited at his or her expense by an auditor within four months after the final date of every financial year of the fresh produce agent, which final date shall not be amended by him or her without the prior written approval of the council. |
| (b) |
Notwithstanding the provisions of subsection (2)(a), the council may, on good cause shown, at any time order any fresh produce agent by notice in writing to submit to the council within a period stated in such notice, but not less than 30 days, an audited statement fully setting out the state of affairs of the matters referred to in subsection (1). |
| (c) |
The court may, on good cause shown upon application by the council or any other competent person, prohibit any fresh produce agent from operating in any way his or her trust, savings or other interest-bearing account referred to in section 19(3)(a) and may appoint a curator bonis to control and administer such trust, savings or other interest-bearing account, with such rights, duties and powers as the court may deem fit. |
| (3) |
A fresh produce agent shall retain the accounting records to be kept in terms of this section, for a period of at least three years after the last entry in respect of any transaction made therein, at the applicable place referred to in subsection (1) , together with the vouchers, receipts and other documents relating to those accounting records. |
| (4) |
If the business of such fresh produce agent is terminated for any reason whatsoever, the fresh produce agent shall— |
| (a) |
balance the accounting records referred to in subsection (1) within 21 days, or such other period as the council may determine, of the date on which he or she performed his or her last activity as a fresh produce agent, and thereupon have them audited as contemplated in subsection (2)(a) within three months of the said date; |
| (b) |
forthwith notify the council in writing of the place at which such accounting records and the vouchers, receipts and other documents referred to in subsection (3) which relate to those records are retained as contemplated in that subsection; and |
| (c) |
wind-up his or her trust, savings or other interest-bearing account in the prescribed manner and pay out in the prescribed manner the amount standing to the credit of any such account to the persons entitled to it. |
| (a) |
If such fresh produce agent fails or is in the opinion of the council likely to fail to comply with the provisions of subsection (4), the council may designate a person to comply with those provisions on behalf of the fresh produce agent. |
| (b) |
When the council designates a person under paragraph (a), the expenditure incurred in connection with the performance of the functions shall be recoverable from the fresh produce agent. |
[Section 18 substituted by section 17 of Act No. 47 of 2003]
Statistics Act, 1999
