Intellectual Property Rights from Publicly Financed Research and
R 385
Geomatics Profession Act, 2013 (Act No. 19 of 2013)Chapter 7 : General31. Regulations and rules |
(1)
| (a) | The Minister may, by notice in the Gazette, make regulations not inconsistent with this Act regarding— |
| (i) | any matter that may be or must be prescribed in terms of this Act; |
| (ii) | any matter necessary for or incidental to the exercise of the powers and the performance of the functions of the Council; and |
| (iii) | any ancillary or incidental administrative or procedural matter that it is necessary to prescribe for the implementation or administration of this Act. |
| (b) | The Minister must, before making any regulation in terms of subsection (1), publish a draft of the proposed regulation by notice in the Gazette, calling on interested persons and voluntary associations to comment on the draft, in writing, within a period of not less than 30 days from the date of publication of the notice. |
| (c) | If the Minister alters the draft regulations as a result of any comment received, he or she need not publish those alterations before making the regulations. |
| (2) | The Council may, in consultation with the Minister and by notice in the Gazette, make rules not inconsistent with this Act regarding— |
| (a) | any matter that the Council is required or permitted to determine in terms of this Act; |
| (b) | the form of process and the procedure at or in connection with the proceedings of a disciplinary tribunal or the Appeal Board; |
| (c) | the representation of any party before the Appeal Board; and |
| (d) | any matter ancillary or incidental to the exercise of the powers and performance of the functions of a disciplinary tribunal and the Appeal Board. |
(3)
| (a) | Before the Council makes any rule under this section, it must publish by notice in the Gazette a draft of the proposed rule calling on interested persons and voluntary associations to submit comment, in writing, within a period of 30 days from the date of publication of the notice. |
| (b) | If the Council alters the draft rules as a result of any comment received, it need not publish those alterations before making the rule. |
| (4) | The Council may, if circumstances necessitate the immediate publication of a rule, publish that rule by notice in the Gazette without the consultation contemplated in subsection (3), but any person who objects to the said rule may— |
| (a) | comment on the rule after such publication; or |
| (b) | appeal to the Appeal Board against such a rule. |
