| (1) |
Subject to subregulation (3), the MEC shall, upon being notified that a registered testing station does not comply with the provisions of this Act, or upon a recommendation of the inspectorate of testing stations that a testing station does not comply satisfy himself or herself of the non-compliance of such testing station. |
| (2) |
The MEC shall, in considering the suspension or cancellation of the registration of a testing station on any matter, other than an alleged criminal offence— |
| (a) |
notify the testing station proprietor of the failure of such testing station to comply with the requirements of this Act; and |
| (b) |
demand from such testing station proprietor to indicate in writing within 14 days from the date of the said notification— |
| (i) |
the reason for such failure; and |
| (ii) |
the details of the measures that have been taken to rectify and prevent such failure. |
[Regulation 136(1)(b) substituted by regulation 5 of Notice No. R. 359 of 2010]
| (3) |
If the MEC has an affidavit or an affirmation on any alleged criminal offence committed by any testing station proprietor or an employee, agent or manager of such testing station, he or she may immediately suspend the registration of such testing station and seize any records and unused documents of such testing station. |
| (4) |
If the MEC is not satisfied with the reason or measures referred to in subregulation (2)(b), he or she shall inform the proprietor referred to in paragraph (2)(a) and may— |
| (b) |
cancel, the registration of such testing station. |
| (5) |
If the MEC suspends or cancels the registration of a testing station, he or she shall— |
| (a) |
notify such testing station proprietor of such suspension or cancellation and the reason therefor and, in the case of suspension, the period thereof; and |
| (b) |
give notice in the Provincial Gazette of the cancellation referred to in paragraph (a). |
| (6) |
The person referred to in paragraph (2)(a) whose testing station registration has been cancelled, shall within three days after having been notified of such cancellation, submit to the MEC— |
| (a) |
the certificate of registration referred to in regulation 132(2)(c) issued in respect of such testing station; and |
| (b) |
a reconciliation of forms held and issued, and blank forms. |
[Regulation 136 substituted by regulation 11 of Notice No. R. 589 of 2009]
[Commencement date of regulation 136: To be determined by the Minister by notice in the Gazette]
Petroleum Products Act, 1977
