Intellectual Property Rights from Publicly Financed Research and
R 385
Non-Proliferation of Weapons of Mass Destruction Act, 1993 (Act No. 87 of 1993)15. Submission of samples |
| (1) | Any person who is required to obtain a permit under section 13 (2), or is required to be registered under section 13 (3), shall at the written request of the Council, within the period stated in the request— |
| (a) | transmit to the Council such samples of the goods as may be specified in the request, for examination, testing or analysis; or |
| (b) | furnish to the Council such information as may be so specified with regard to controlled goods or the design, development and manufacture thereof. |
| (2) | The Council may cause a sample obtained in terms of subsection (1) (a) or taken under section 12 (7) to be examined, tested or analyzed in a laboratory contracted or appointed by the Department in order to ascertain whether or not— |
| (a) | the person concerned has to obtain a permit under section 13 (2) or has to register under section 13 (3); |
| (b) | the goods comply with the conditions of the permit issued in respect thereof; |
| (c) | the goods are prohibited or limited under section 13 (2). |
| (3) | The result of any examination, test or analysis of any sample, shall, until the contrary is proved, for all purposes be deemed to be valid for the whole consignment, batch or entity of goods from which the sample was obtained or taken. |
| (4) | The Council shall not be under any obligation to return any sample received under subsection (1) (a) or taken under section 12 (7) to the owner thereof, or to the place where sampling took place, or to compensate the owner thereof. |
| (5) | If it is necessary to repeat an examination contemplated in subsection (2), the Department shall bear the cost associated with the taking of the further sample. |
