Division of Revenue Act, 2012 (Act No. 5 of 2012)

Chapter 1 : Interpretation and Objects of Act

1. Interpretation

Purchase

1)	In this Act, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Public Finance Management Act or the Municipal Finance Management Act has the meaning assigned to it in the Act in question, and-

"accreditation"

means accreditation of a municipality, in terms of section 10(2) of the Housing Act, 1997 (Act No. 107 of 1997), to administer national housing programmes, read with Part 3 of the National Housing Code, 2009 (Financial Interventions: Accreditation of Municipalities);

"category A, B or C municipality"

has the meaning assigned to each category in terms of the Municipal Structures Act;

"conditional allocation"

means a conditional allocation to a province, local government or municipality from the national government's share of revenue raised nationally, contemplated in section 214(1)(c) of the Constitution of the Republic of South Africa, 1996;

"corporation for public deposits account"

means a bank account of a Provincial Revenue Fund held with the Corporation for Public Deposits, established by the Corporation for Public Deposits Act, 1984 (Act No. 46 of 1984);

"Disaster Management Act"

means the Disaster Management Act, 2002 (Act No. 57 of 2002);

"financial year"

means the financial year commencing on 1 April 2012 and ending on 31 March 2013;

"framework"

means the conditions and other information in respect of a conditional allocation published by the National Treasury in terms of section 15;

"level one accreditation"

means accreditation to render beneficiary management, subsidy budget planning and allocation, and priority programme management and administration;

"level three accreditation"

means an executive assignment to administer all aspects, including financial administration, of national housing programmes;

"level two accreditation"

means accreditation to render full programme management and administration of all housing instruments and housing programmes in addition to the responsibilities under a level one accreditation;

"Municipal Finance Management Act"

means the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003);

"municipal financial year"

means the financial year of a municipality commencing on 1 July 2012 and ending on 30 June 2013;

"next financial year"

means the financial year commencing on 1 April 2013 and ending on 31 March 2014;

"next municipal financial year"

means the financial year of a municipality commencing on 1 July 2013 and ending on 30 June 2014;

"organ of state"

means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996;

"payment schedule"

means a schedule which sets out-

a)	the amount of each transfer of an equitable share or any conditional allocation in terms of this Act to be transferred to a province or municipality in the financial year;

b)	the date on which each transfer must be paid; and

c)	to whom, and to which bank account, each transfer must be paid;

"prescribe"

means prescribe by regulation in terms of section 37;

"primary bank account"-

in relation to a province, means a bank account of the Provincial Revenue Fund held with a commercial bank which the accounting officer of the provincial treasury has certified to the National Treasury as the bank account into which all conditional allocations in terms of this Act must be deposited; and

b)	in relation to a municipality, means the bank account of the municipality as determined in terms of section 8 of the Municipal Finance Management Act;

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

"quarter"

means the period from-

a)	1 April to 30 June;

b)	1 July to 30 September;

c)	1 October to 31 December; or

d)	1 January to 31 March;

"receiving officer"-

a)	in relation to a Schedule 4, 5 or 8 allocation transferred to a province, means the accounting officer of the provincial department which receives that allocation or a portion thereof for spending via an appropriation from its Provincial Revenue Fund; or

b)	in relation to a Schedule 4, 6, 7 or 8 allocation transferred to or provided in kind to a municipality, means the accounting officer of the municipality;

"receiving provincial department"

in relation to a Schedule 4, 5 or 8 allocation transferred to a province, means the provincial department which receives that allocation or a portion thereof for spending via an appropriation from its Provincial Revenue Fund;

"this Act"

includes any framework or allocation published, or any regulation made under this Act;

"transferring national officer"

means the accounting officer of a national department that transfers a Schedule 4, 5, 6 or 8 allocation to a province or municipality or spends a Schedule 7 allocation on behalf of a municipality.

2)	Any determination, instruction or request made in terms of this Act must be in writing.

3)	A reference to a specific conditional allocation refers to the allocation indicated in a Schedule to this Act and a framework by that name.