| (1) |
The Minister must, after consultation with the cabinet members responsible for safety and security, correctional services, social development and health, if applicable, make regulations relating to— |
| (a) |
the manner and format in which the Register is to be established and maintained as contemplated in section 42(1); |
| (c) |
the manner in which the National Commissioner of Correctional Services must forward particulars of prisoners who are serving a sentence of imprisonment as the result of a conviction for a sexual offence to the Registrar as contemplated in section 50(5)(a); |
[Section 53(1)(c) substituted by section 25 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]
| (d) |
the manner and period within which the National Commissioner of Correctional Services must inform each prisoner whose particulars have been forwarded to the Registrar as contemplated in section 50(5)(b); |
| (e) |
the manner in which the National Commissioner of the South African Police Service must forward particulars of persons with a previous conviction for a sexual offence to the Registrar as contemplated in section 50(6); |
[Section 53(1)(e) substituted by section 25 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]
| (f) |
the manner in which the Director-General: Health must forward particulars of persons who are subject to a direction in terms of section 77(6) or 78(6) of the Criminal Procedure Act, 1977, as the result of an act which constituted a sexual offence to the Registrar as contemplated in section 50(7)(a); |
[Section 53(1)(f) substituted by section 25 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]
| (g) |
the manner and period within which the Director-General: Health must inform each person whose particulars have been forwarded to the Registrar as contemplated in section 50(7)(b); |
| (h) |
the manner in which persons mentioned in section 44 must apply to the Registrar for a certificate; |
| (i) |
the format and content of the certificate contemplated in section 44; |
| (j) |
persons who may apply for a certificate in terms of section 44; |
| (k) |
any further category of employers to whom this Chapter shall apply; |
| (l) |
the period within which a certificate contemplated in section 44 must be provided to any person by the Registrar; |
| (m) |
access to the Register; |
| (n) |
the safe-keeping and disposal of records; and |
| (o) |
any aspect in this Chapter in respect of which regulations may be required or are necessary. |
| (2) |
The provisions of this Chapter shall apply with the necessary changes to the category of employers and employees in their employment from the date of publication of the regulations contemplated in subsection (1)(k). |
| (3) |
Regulations made in terms of subsection (1) may, in respect of any contravention thereof or failure to comply therewith, prescribe as a penalty a fine or imprisonment for a period not exceeding 12 months. |
| (4) |
Any regulation made in terms of this section must be submitted to Parliament at least 30 days before publication thereof in the Gazette. |
[Date of commencement of section 53: 16 June 2008]
Maintenance Act, 1998
