Maintenance Act, 1998
R 385
"proper officer"
means the officer designated by the Authority to be the proper officer at the place or in respect of the area and in respect of the matter to which reference is made in the provision of this Act in which the expression occurs; or if no such designation has been made—
| (a) | at a place in the Republic, a principal officer or, where there is no principal officer, the Controller of Customs and Excise; or |
[Paragraph (a) substituted by section 1(b) of Act No. 24 of 1974]
| (b) | at a place outside the Republic but within a treaty country, in the following order: |
| (i) | a career consular representative of the Republic; or |
[Subparagraph (i) substituted by section 1(j) of Act No. 42 of 1969]
| (ii) | a diplomatic representative of the Republic; or |
| (iii) | the person who, in terms of the law in force in the treaty country, is entrusted with the function or charged with the duty to which reference is made in the provision of this Act in which the expression occurs; or |
| (iv) | a consular representative of a treaty country (other than the Republic); or |
| (v) | a diplomatic representative of a treaty country (other than the Republic); or |
[Paragraph (b) substituted by section 31(e) of Act No. 69 of 1962]
| (c) | at a place outside any treaty country, the person, and in the order, indicated, in subparagraphs (i) of (ii) of (iv) and (v) of paragraph (b); or |
[Paragraph (c) substituted by section 31(e) of Act No. 69 of 1962]
| (d) | at a place outside the Republic, where there is no proper officer as defined in paragraph (b) or (c) of any master of a South African ship who is specially authorized in writing to act as proper officer by the Authority, but only in relation to the functions and duties in respect of which, and subject to the conditions subject to which, he has been so authorized to act; |
[Paragraph (d) added by section 31(e) of Act No. 69 of 1962]
[Definition substituted by section 1(b) of Act No. 24 of 1974]
