| (1) |
Subject to the provisions of subsection (2), each fresh produce agent other than an employee contemplated in the definition of "fresh produce agent" in section 1 shall— |
| (b) |
forthwith deposit therein the proceeds of the sale of agricultural produce sold by him or her on the instructions of or on behalf of his principal. |
| (2) |
Only one trust account shall be kept in respect of the business of a fresh produce agent which is a partnership. |
| (3) |
A fresh produce agent— |
| (a) |
may invest any amount paid into his or her trust account with a view to payment as contemplated in section 20 and which is not immediately required for any particular purpose, in a separate savings or other interest-bearing account opened by him or her with any deposit-taking institution; |
| (b) |
shall forthwith after opening a trust account or other account referred to in paragraph (a), or if any change occurs in connection with any such account, notify the council thereof in the manner determined by the council; |
| (c) |
shall keep separate accounting records referred to in section 18 in respect of his or her trust account and savings or interest-bearing accounts referred to in paragraph (a) of this subsection, and shall balance such accounting records within 21 days after the end of each month. |
| (4) |
Any agricultural produce received by a fresh produce agent shall, until it is sold or lawfully destroyed, be deemed to form part of his or her trust account. |
| (5) |
A fresh produce agent shall cause the auditor referred to in section 18(2), immediately after having completed an audit contemplated in that section to transmit to the council a report in the form determined by the council regarding his or her findings, and a copy thereof to the fresh produce agent. |
| (a) |
An amount deposited or to be deposited in terms of subsection (1)(b) in the trust account of a fresh produce agent— |
| (i) |
shall not be liable to be attached or subjected to any form of execution under a judgment or order of a court of law except such an order issued in pursuance of a claim by the principal; and |
| (ii) |
shall not form part of the assets of that fresh produce agent or, if he or she is a natural person and has died, or has become insolvent, of his or her deceased or insolvent estate. |
| (b) |
The provisions of paragraph (a) shall not apply to the remainder of the amount after the principal of the fresh produce agent has been paid as contemplated in section 20(1). |
| (7) |
The court may upon application by the council suspend a fresh produce agent from conducting business if— |
| (a) |
he or she fails to comply with the provisions of subsection (1) within a time specified by the council in a written request addressed to his or her business address or postal address; or |
| (b) |
it comes to the attention of the council that the total of the balances shown on the trust account in the accounting records of that fresh produce agent exceed the total amount of the funds in his or her banking account. |
(8)
| (a) |
Any market authority which receives the proceeds from the sale of agricultural produce shall receive such proceeds for and on behalf of the fresh produce agent who sold such produce and that market authority must forthwith hand over such proceeds less the remuneration to which it is lawfully entitled for services rendered in respect of such sale to that fresh produce agent for depositing in his or her trust account. |
| (b) |
Any proceeds from the sale of agricultural produce paid to a market authority for the benefit of a fresh produce agent shall be administered separately from any other moneys os accounts held or operated by such market authority and such proceeds shall not form part of the assets and liabilities of that market authority: Provided that the market authority shall be entitled to recover for itself the remuneration referred to in paragraph (a). |
[Section 19 substituted by section 18 of Act No. 47 of 2003]
Statistics Act, 1999
