Intellectual Property Rights from Publicly Financed Research and
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Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 (Act No. 32 of 2007)Chapter 6 : National Register for Sex Offenders40. Definitions |
For purposes of this Chapter, and unless the context indicates otherwise—
"certificate"
means a certificate contemplated in section 44;
"employee"
means—
| (a) | any person who applies to work for or works for an employer, and who receives, or is entitled to receive, any remuneration, reward, favour or benefit; or |
| (b) | any person, other than a person contemplated in (a), who in any manner applies to assist or assists in carrying on or conducting the business of an employer, whether or not he or she is entitled to receive any remuneration, reward, favour or benefit; |
"employer"
means—
| (a) | any— |
| (i) | department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or |
| (ii) | other functionary or institution when exercising a power or performing a duty in terms of the Constitution of the Republic of South Africa, 1996, or a provincial constitution or exercising a public power or performing a public function in terms of any legislation, which employs employees who, in any manner and during the course of their employment, will be placed in a position to work with a person who is vulnerable or in a position of authority, supervision or care of a person who is vulnerable; or |
| (b) | any person, organisation, institution, club, sports club, association or body who or which, as the case may be— |
| (i) | employs employees who, in any manner and during the course of their employment, will be placed in a position of authority, supervision or care of a person who is vulnerable or working with a person who is vulnerable; or |
| (ii) | owns, manages, operates, has any business or economic interest in or is in any manner responsible for, or participates or assists in the management or operation of any entity or business concern or trade relating to the supervision over or care of or working with a person who is vulnerable, |
and 'employ', 'employing', 'employed' and 'employment relationship' have corresponding meanings;
[Definition substituted by section 12(a) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]
"licensing authority"
means any authority which is responsible for granting licences or approving the management or operation of any entity, business concern or trade relating to the supervision over or care of a person who is vulnerable;
[Definition substituted by section 12(b) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]
"person who is vulnerable"
means a—
| (a) | child or a person with a mental disability; |
| (b) | female under the age of 25 years who— |
| (i) | receives tuition at a higher education college, higher education institution or university college as de�ned in section 1 of the Higher Education Act, 1997 (Act No. 101 of 1997); |
| (ii) | receives vocational training at any training institute, other than the institutions referred to in subparagraph (i), or as part of their employment; or |
| (iii) | lives in a building, structure or facility used primarily as a residence for any of the persons referred to in subparagraphs (i) and (ii); |
| (c) | person who is being cared for or sheltered in a facility that provides services to victims of crime; |
| (d) | person with a physical, intellectual or sensory disability and who— |
| (i) | receives community-based care and support services, other than from a family member for; |
| (ii) | lives in a building, structure or facility used primarily as a residence for; or |
| (iii) | is cared for in a facility providing 24-hour care to, persons with physical, intellectual or sensory disabilities; or |
| (e) | person who is 60 years of age or older and who— |
| (i) | receives community-based care and support services, other than from a family member for; |
| (ii) | lives in a building, structure or facility used primarily as a residence for; or |
| (iii) | is cared for in a facility providing 24-hour care to, |
such persons;
[Definition inserted by section 12(c) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]
"Register"
means the National Register for Sex Offenders established under section 42(1);
"Registrar"
means the Registrar of the National Register for Sex Offenders contemplated in section 42(2); and
"relevant authority"
means any—
| (a) | department of state or administration in the national or provincial sphere of government or any municipality in the local sphere of government; or |
| (b) | other functionary or institution when exercising a power or performing a duty in terms of the Constitution of the Republic of South Africa, 1996, or a provincial constitution or exercising a public power or performing a public function in terms of any legislation, |
which is tasked with considering applications from prospective foster parents, kinship care-givers, temporary safe care-givers, adoptive parents or curators.
"sexual offence"
means—
| (a) | any— |
| (i) | sexual offence in terms of the law as it existed between 16 June 2003 and 15 December 2007; |
| (ii) | offence referred to in Chapters 2, 3 and 4 and sections 55 and 71 of this Act; |
| (iii) | offence referred to in Chapter 2 of the Prevention and Combating of Trafficking in Persons Act, 2013, which was committed for sexual purposes; and |
| (iv) | contravention since 16 June 2003 of section 24B(1) or (3) of the Films and Publications Act, 1996 (Act No. 65 of 1996), |
that was committed against a child or a person with a mental disability between the period of 16 June 2003 and the date of; and
| (b) | any— |
| (i) | offence referred to in sections 3 to 10, 12 to 26 and 55 of this Act; |
| (ii) | offence referred to in Chapter 2 of the Prevention and Combating of Trafficking in Persons Act, 2013, which was committed for sexual purposes; and |
| (iii) | Definition(b)(iii) deleted by section 25 of the Judicial Matters Amendment Act, 2023, Notice No. 4597, GG50430, dated 3 April 2024]; |
that was committed after the date of,
the commencement of the Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act, 2021.
[Definition inserted by section 12(d) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]
"sexual offence against a child"
[Definition deleted by section 12(e) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2021 (Act No. 13 of 2021), GG45823, dated 28 January 2022 - effective 31 July 2022 as per Proclamation Notice R.79, GG47105, dated 29 July 2022]
