| (1) |
An applicant requiring accreditation for a purpose contemplated in the Act, must apply to the Registrar for such accreditation. |
| (2) |
An applicant referred to in sub-regulation (1), must submit the duly completed relevant application form, prescribed in Annexure "A" together with any required supporting documents, to the relevant Designated Firearms Officer. |
| (3) |
The application form must be completed in black ink by the applicant personally or, in the case of a juristic person, by the responsible person contemplated in section 7(1) of the Act who must be nominated in writing by the juristic person to act on behalf of the juristic person. |
| (4) |
When an applicant is a juristic person, the Registrar may require from the applicant any information regarding any aspect required on the prescribed form also of any person who is in control of the juristic person or is responsible for the management thereof. |
| (5) |
The information requested by the Registrar under sub-regulation (4) must be supplied by the person concerned personally on the form required by the Registrar. |
| (6) |
When required by the Registrar, an applicant referred to in sub-regulation (1), must provide a set of fingerprints and an authenticated copy of the identity document of the applicant, if a natural person, or, in the case of a juristic person, of the responsible person and any person who is in control thereof or is responsible for the management thereof. |
| (7) |
In deciding whether an applicant qualifies for accreditation under the Act, the Registrar must take into account any relevant factor that reflects on the applicant, if a natural person, or, in the case of a juristic person, of the responsible person and every person who is in control of, or is responsible for the management of the juristic person regarding— |
| (a) |
trustworthiness and integrity; |
| (b) |
the suitability to perform the relevant functions in terms of the Act; |
| (c) |
the capacity to serve the purposes of the accreditation; |
| (d) |
the capacity to advance the purposes of the Act as referred to in section 2 of the Act; and |
| (e) |
a written report compiled by the relevant Designated Firearms Officer, as well as, any written submissions by the applicant to such report. |
| (8) |
In deciding whether an applicant fulfils the criteria referred to in sub-regulation (7), the Registrar may also take into account, where applicable— |
| (a) |
the infra-structure of the applicant; |
| (b) |
any relevant qualifications of the applicant or his or her employees; |
| (c) |
the time period of the applicant’s existence or functioning; |
| (d) |
the main purpose of the applicant, and the applicant’s interest and experience in the applicable field for which accreditation is applied for; |
| (e) |
the code of conduct or ethical code of the applicant, and any disciplinary code or measures applicable to the members or employees of the applicant; |
| (f) |
the constitution of the applicant; |
| (g) |
the number of paid-up members and the conditions required to become a member of the applicant and maintain or forfeit membership; |
| (h) |
any organisational affiliation of applicant; |
| (i) |
the intent of the applicant to fulfill the purpose of the accreditation; |
| (j) |
any interest or conflict of interest which may render the applicant unsuitable for accreditation; |
| (k) |
the intent of the applicant to promote the purposes of the Act referred to in section 2 of the Act; |
| (l) |
the region that the operations or functions of the applicant covers; |
| (m) |
any other fact that will in the Registrar’s opinion be relevant to ascertain the suitability for accreditation; and |
| (n) |
written representations by any other person in support of the application. |
| (9) |
The Registrar may refuse an application for accreditation if, on information at his or her disposal, it is shown that the applicant does not qualify to be accredited or when the responsible person or any controlling or managing person referred to in sub-regulation (4) would be disqualified to be issued with a competency certificate in terms of section 9(2)(a), (c) to (p) of the Act. |
| (10) |
The Registrar must record in the Central Firearms Register referred to in section 125(1)(g) of the Act, the information required in the forms prescribed in Annexure A. |
| (a) |
An applicant who was accredited in terms of the Act, must annually, within 90 days of the financial year end of the applicant and annually thereafter, or within such extended period as agreed to by the Registrar, submit to the Registrar a written report in respect of the responsible person and all members involved in the management thereof who— |
| (i) |
holds a competency certificate, licence, permit, or authorisation issued under the Act; and |
| (ii) |
had been the subject of disciplinary action involving a contravention or failure to comply with a provision of the Act or any condition specified on a licence issued to the applicant under the Act, or conduct contemplated in sections 102(1), 103(1) or (2) of the Act. |
| (b) |
The report must list the full names and the identification number of the person concerned, particulars of the competency certificate, licence, permit or authorisation and of the disciplinary transgression and the result of the disciplinary action. |
[Regulation 2(11) substituted by section 3(b) of the Firearms Control Regulations, 2012, dated 1 March 2012]
| (a) |
A juristic person accredited for a purpose contemplated in the Act must notify the Registrar in writing within 30 days if there is a change of any person who is in control of or is responsible for the management of the juristic person. |
| (b) |
The Registrar may on receipt of a notification referred to in paragraph (a) request any particulars referred to in sub-regulation (4) regarding a person who acquires control of or is responsible for the management of the juristic person referred to in paragraph (a). |
| (c) |
Nothing in this regulation must be construed as granting the Registrar any power or authority whatsoever to determine the control or management of such a juristic person by any specific person: However, if the juristic person appoints a person who is in control of or is responsible for the management thereof and such appointment has the effect that the criteria referred to in subregulation (7) are no longer complied with, the Registrar may invoke the procedures prescribed in section 8(3) and 8(4) of the Act. |
[Regulation 2(12)(c) substituted by section 3(b) of the Firearms Control Regulations, 2012, dated 1 March 2012]
[Regulation 2 amended by section 3(a) of the Firearms Control Regulations, 2012, dated 1 March 2012]
Tax Administration Act, 2011
