| (1) |
The registrar may institute proceedings in the High Court having jurisdiction in order to— |
| (a) |
discharge any duty or responsibility imposed on the registrar in terms of any law; |
| (b) |
compel any institution to comply with any law or to cease contravening a law; |
| (c) |
compel any institution to comply with a lawful request, directive or instruction made, issued or given by the registrar under a law; |
| (d) |
obtain a declaratory order relating to any law or the business of an institution; |
| (e) |
prevent the concealment, removal, dissipation or destruction of assets or evidence thereof by any institution; |
| (f) |
seize and remove the assets of an institution for safe custody pending the exercising of such other legal remedy as may be available to the registrar. |
[Section 6(1) amended by section 163(a) and (b) of Act No. 45 of 2013]
| (2) |
For the purpose of ensuring compliance with a law, or if the registrar has reason to believe that an institution is contravening or failing to comply with, or has contravened or failed to comply with, any provision of a law, the registrar may— |
| (a) |
by notice direct that institution to— |
| (i) |
furnish the registrar within a specified period with any specified information or documents in the possession or under the control of that institution and which relate to the matter of such contravention or failure; |
| (ii) |
appear before the registrar at a specified time and place for questioning by the registrar in connection with such matter; |
| (iii) |
make arrangements to the satisfaction of the registrar for the discharge of all or any part of that institution’s obligations in terms of such law; |
| (b) |
if it appears that prejudice has occurred or might occur as a result of such contravention or failure to comply, by notice prohibit such institution from continuing business or dealing with trust property pending an application to court by the registrar as contemplated in section 5, or pending the exercising of such other legal remedy as may be available to the registrar. |
[Section 6(2) amended by section 163(c) of Act No. 45 of 2013]
(3)
| (a) |
If the registrar has reason to believe that a person has contravened a law, or has failed to comply with a request, directive or instruction made, issued or given by the registrar under such law, the registrar may publish a statement to that effect in such manner as the registrar considers appropriate. |
| (b) |
Before publishing a statement, the registrar must give the person concerned a notice warning it of the proposed publication of such statement, the reason therefor and the proposed date of publication. |
| (c) |
The person concerned may before the proposed date of publication of the statement make representations to the registrar concerning the proposed action. |
| (d) |
If the registrar thereafter decides to publish the statement, the registrar must, without delay, give the person concerned a notice which sets out the terms of the statement to be published. |
| (4) |
[Section 6(4) repealed by section 290, item 4 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)] |
| (5) |
[Section 6(5) repealed by section 290, item 4 in Schedule 4, of Act No. 9 of 2017 - effective 1 April 2018 (paragraph (h) of Notice 169 of 2018)] |
| (a) |
The notification of anything done by the registrar may be by notice on the official website. |
| (b) |
Notification under paragraph (a) does not affect any obligation of the registrar to publish by notice in the Gazette.
|
[Section 6(6) inserted by section 163(3) of Act No. 45 of 2013]
Gas Regulator Levies Act, 2002
