| (1) |
Except as otherwise provided by this Act or the Financial Sector Regulation Act, the powers and duties of the Authority in terms of this Act are in addition to the powers and duties that it has in terms of the Financial Sector Regulation Act. |
| (2) |
A reference in this Act to the Authority or the Agency determining or publishing a matter by notice in the Gazette must be read as including a reference to the Authority or the Agency determining or publishing the matter by notice published in the Register. |
| (3) |
Unless expressly provided otherwise in this Act, or this Act requires a matter to be prescribed by regulation in terms of section 86, or permits a matter to be prescribed by the Agency, including in a rule in terms of section 57, a reference in this Act to a matter being— |
| (b) |
determined must be read as a reference to the Authority determining the matter in writing and registering the determination in the Register. |
| (4) |
Matters in respect of which regulations relating to co-operative banks and co-operative financial institutions may be prescribed in terms of this Act may also be prescribed in prudential standards, conduct standards or joint standards in terms of the Financial Sector Regulation Act. |
| (5) |
A reference to rules made by the Authority in terms of section 46 must be read as a reference to prudential standards, conduct standards or joint standards. |
(6)
| (a) |
A reference to an inspection in section 47 must be read as a reference to a supervisory on-site inspection or an investigation in terms of Chapter 9 of the Financial Sector Regulation Act. |
| (b) |
A reference to an investigation by the Agency or the Minister in terms of section 73 must not be read as a reference to an investigation in terms of Chapter 9 of the Financial Sector Regulation Act. |
(7)
| (a) |
A reference in this Act to the Authority or the Agency announcing or publishing information or a document on a web site must be read as a reference to the Authority or the Agency publishing the information or document in the Register. |
| (b) |
The Authority or the Agency may also publish the information or document on its web site. |
(8)
| (a) |
A reference in this Act to a prescribed fee, other than a reference to a fee prescribed by the Agency, must be read as a reference to the relevant fee determined in terms of section 237 and Chapter 16 of the Financial Sector Regulation Act. |
| (b) |
The Agency, when determining a fee in terms of this Act, must comply with the requirements of section 237 and Chapter 16 of the Financial Sector Regulation Act. |
[Section 1A(8) inserted by section 290, item 2 in Schedule 4, of Act No. 9 of 2017 - has not commenced (paragraph (a)(ii) of Notice 142 of 2019, GG 42314, dated 18 March 2019)]
| (9) |
A reference in this Act to an appeal of a decision of the Authority or the Agency must be read as a reference to a reconsideration of the decision by the Tribunal in terms of the Financial Sector Regulation Act. |
(10)
| (a) |
The Authority must publish the following in the Register— |
| (i) |
each registration of a co-operative bank in terms of section 8 and each suspension and de-registration in terms of section 11; |
| (ii) |
each conversion of registration in terms of section 28; |
| (iii) |
each registration of a co-operative financial institution in terms of section 40C, and each suspension, lapsing and de-registration in terms of section 40D. |
| (b) |
The Agency must publish the following in the Register— |
| (i) |
each registration of a representative body in terms of section 33, and each cancellation or suspension of registration in terms of section 35; and |
| (ii) |
each accreditation of a support organisation in terms of section 38, and each cancellation or suspension of accreditation in terms of section 40. |
[Section 1A inserted by section 290, item 2 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)]
Older Persons Act, 2006
