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Agricultural Produce Agents Act, 1992 (Act No. 12 of 1992)

1. Definitions

 

(1) In this Act, unless the context otherwise indicates—

 

"agent"

means a person who, for the acquisition of gain on his or her own account or in a partnership, in any manner holds himself or herself out as a person who, either directly or indirectly advertises that he or she, on the instructions of or on behalf of any other person, purchases or sells agricultural produce or negotiates in connection therewith or canvasses or undertakes or offers to canvass a purchaser or seller therefor;

[Definition substituted by section 1(a) of Act No. 47 of 2003]

 

"agricultural product"

means an article specified in Part A or B of Schedule 1 or any article added thereto under subsection (2) of this section;

[Definition substituted by section 1(b) of Act No. 47 of 2003]

 

"auditor"

means a person registered in terms of section 15 of the Public Accountants' and Auditors' Act, 1991 (Act No. 80 of 1991), as an accountant or auditor, and engaged in public practice as such;

 

"building society"

[Definition deleted by section 1(c) of Act No. 47 of 2003]

 

"close corporation"

means a close corporation referred to in the Close Corporations Act, 1984 (Act No. 69 of 1984);

 

"consumer"

means a consumer of an agricultural product;

[Definition inserted by section 1(d) of Act No. 47 of 2003]

 

"council"

means the Agricultural Produce Agents Council established by section 2;

 

"court"

means a court of the provincial or local division of the High Court of South Africa having jurisdiction or a judge of any such court and for purposes of section 27(5) also includes a magistrate as defined in the Magistrates' Court Act, 1944 (Act No. 32 of 1944);

[Definition inserted by section 1(e) of Act No. 47 of 2003]

 

"department"

means the Department of Agriculture in the national government;

[Definition inserted by section 1(e) of Act No. 47 of 2003]

 

"deputy registrar"

means the deputy registrar of the Agricultural Produce Agents Council appointed in terms of section 8;

[Definition inserted by section 1(e) of Act No. 47 of 2003]

 

"deposit-taking institution"

means an institution registered finally as a deposit-taking institution in terms of the Deposit-taking Institutions Act, 1990 (Act No. 94 of 1990);

 

"export agent"

means an agent acting as such with regard to any agricultural product specified in Part A of Schedule 1 intended for export;

[Definition inserted by section 1(f) of Act No. 47 of 2003]

 

"fidelity fund certificate"

means a fidelity fund certificate issued in terms of section 16 or deemed to have been issued in terms of that section;

 

"fresh produce agent"

means an agent acting as such with regard to any agricultural product specified in Part A of Schedule 1 on the basis that the risk of profit or loss at all times remains with the principal, and—

(a) for the purposes of section 3(1)(a), includes any director of a company, trustee of a trust or a member of a close corporation who acts as a fresh produce agent as aforesaid;
(b) for the purposes of sections 12(5), 13(3)(b), 13(3)(c), 13(3)(d), 13(4), 14(5)(a), 16(6)(f), 16(6A), 22, 23, 24, 25, 26, 27 and 30, includes—
(i) any director of a company. or a member of a close corporation or a trustee of a trust who acts as a fresh produce agent as aforesaid: and
(ii) any person who is employed by a fresh produce agent and who acts as a fresh produce agent as aforesaid for the employer

[Definition substituted by section 1(g) of Act No. 47 of 2003]

 

"fund"

means the Fresh Produce Agents Fidelity Fund referred to in section 12(2);

[Definition substituted by section 1(h) of Act No. 47 of 2003]

 

"inspector"

means an inspector referred to in section 27;

 

"livestock agent"

means an agent acting as such with regard to any agricultural product specified in Part B of Schedule 1 and for purpose of section 3(1)(b) includes any director of a company, trustee of a trust or a member of a close corporation which acts as a livestock agent as aforesaid;

[Definition substituted by section 1(i) of Act No. 47 of 2003]

 

"Minister"

means the Minister of Agriculture;

 

"officer"

[Definition deleted by section 1(j) of Act No. 47 of 2003]

 

"registrar"

means the Registrar of Agricultural Produce Agents Council appointed in terms of section 8 and for purposes of the application of the provisions of this Act, includes the deputy registrar;

[Definition substituted by section 1(k) of Act No. 47 of 2003]

 

"registration certificate"

means a registration certificate issued by the council in terms of section 16;

[Definition inserted by section 1(l) of Act No. 47 of 2003]

 

"rules"

means rules made under section 22;

 

"trust account"

means a trust account referred to in section 19.

 

(2) The Minister may amend Schedule 1 by notice in the Gazette.