National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)Interpretation and Purpose of Act1. Definitions |
In this Act, unless the context indicates otherwise—
"amendment"
with regard to a compulsory specification, includes the complete or partial substitution of one or more of the provisions of a compulsory specification;
"Board"
means the Board of the National Regulator for Compulsory Specifications appointed in terms of section 6;
"commodity"
includes any substance or any element or characteristic of a commodity or a category or system of commodities;
"compulsory specification"
means a compulsory specification contemplated in section 13;
"conformity assessment"
means the procedure used to determine, directly or indirectly, that the relevant requirement in technical regulations, standards or any other relevant and validated documentation has been fulfilled;
"distinctive mark"
means a mark prescribed in terms of this Act which is applied to a commodity;
"examine"
means to inspect or analyse a product or service closely in order to determine compliance of the product or service with the requirements of a compulsory specification;
"importer"
means an importer as defined in section 1(1) of the Customs and Excise Act, 1964 (Act No. 91 of 1964);
"inspector"
means a person appointed as an inspector in terms of section 16(1);
"issue"
with regard to a compulsory specification, includes making available by means of electronic, photographic or another medium;
"letter of authority certificate"
means a letter of authority issued to a manufacturer or importer in terms of section 5(2)(j);
"manufacture"
includes produce, assemble, alter, modify, adapt, convert, process or treat;
"market surveillance inspection"
means any activity of the National Regulator, other than testing, concerned with determining, either directly or indirectly, whether any or all of the requirements of a compulsory specification are met;
"Minister"
means the Minister responsible for trade and industry;
"National Regulator"
means the National Regulator for Compulsory Specifications of South Africa established by section 3(1);
"premises"
means any land or any building or other structure, and includes any train, boat, ship, aircraft or other vehicle;
"prescribed"
means prescribed by regulation or notice in terms of this Act;
"product"
means any commodity that is manufactured or any agricultural product, including fish and fish products;
"Public Finance Management Act"
means the Public Finance Management Act, 1999 (Act No. 1 of 1999);
"regulation"
means a regulation made under section 36;
"SABS"
means the South African Bureau of Standards;
"sales permit"
means a permit issued under section 14(4);
"SANS"
means a South African National Standard approved by the South African Bureau of Standards in accordance with the Standards Act, 2008;
"sell"
includes—
(i) | display, offer or advertise for sale; or |
(ii) | export from the Republic for or in pursuance of a sale; |
(iii) | having in possession for the purposes of sale, trade, manufacture or export from the Republic; |
(iv) | exchange, donate, lease or offer or display for leasing; |
"system"
with regard to a commodity, means a system which is designed to achieve a particular purpose or to perform a specific function;
"this Act"
includes a regulation made under section 36.