| (i) |
designate the authority which shall exercise the powers, perform the functions and carry out the duties conferred upon, assigned to or imposed upon such authority under a scheme; |
| (ii) |
if the authority referred to in subparagraph (i) is not an officer in the Department, or a body consisting of such officers, provide that such authority shall exercise, perform or carry out its powers, functions or duties at its own cost and subject to the directions of the registrar and not have any right of recourse against the State for costs so incurred; |
[Section 24 (1)(a)(ii) substituted by section 8(a) of Act No. 17 of 1991]
| (b) |
provide that any area of land utilised for the cultivation of plants or propagating material in terms of a scheme, shall be registered as a unit with the authority referred to in paragraph (a); |
[Section 24 (1)(b) substituted by section 19 of Act No. 25 of 1996]
| (c) |
provide for the manner in which an application for registration as a unit shall be lodged, the information which shall accompany such an application and the circumstances under which such registration shall lapse, be refused or be cancelled; |
[Section 24 (1)(c) substituted by section 19 of Act No. 25 of 1996]
| (d) |
determine the requirements for registration to be complied with by a unit, the conditions on which such a person or unit shall be registered and the period of validity of such registration; |
[Section 24 (1)(d) substituted by section 19 of Act No. 25 of 1996]
| (e) |
determine that, as from the date on which a unit is registered in terms of a scheme, the provisions of such scheme shall be binding on the person in whose favour that unit is registered; |
[Section 24 (1)(e) substituted by section 8(e) of Act No. 17 of 1991]
| (f) |
indicate the kind of plants and varieties thereof to which the provisions of a scheme shall apply; |
[Section 24 (1)(f) substituted by section 10(b) of Act No. 10 of 1979]
| (g) |
provide for the manner in which and the control subject to which plants and propagating material intended for certification under a scheme shall be produced and treated; |
| (h) |
determine the manner in which and the times at which any inspection of units or of plants or propagating material with reference to which the provisions of a scheme are applicable, shall be carried out, and authorise the authority designated under paragraph (a) to determine the forms to be used in connection with such an inspection; |
[Section 24 (1)(h) substituted by section 8(f) of Act No. 17 of 1991]
| (i) |
determine the requirements and standards of quality which plants and propagating material shall comply with for certification in terms of a scheme; |
| (j) |
determine the manner in which plants and propagating material shall be certified, the form of a certificate in connection therewith and the circumstances under which such a certificate shall lapse; |
| (k) |
determine the manner in which certified plants and propagating material shall be packed, marked, labelled, sealed, stored or distributed, and the specifications of the labels and seals to be used therefore; |
| (l) |
determine the information which shall appear on the containers in which certified plants and propagating material are packed, or on labels affixed thereto; |
| (m) |
determine the records to be kept and the information to be furnished by any person in whose favour a unit is registered under a scheme; |
[Section 24 (1)(m) substituted by section 8(g) of Act No. 17 of 1991]
| (n) |
determine the fees or charges payable in terms of a scheme, or authorise any authority designated in terms of paragraph (a), to determine such fees or charges, and stipulate that the rendering of any service may be refused to a person who is indebted to any such authority in any amount in respect of such fees or charges; |
[Section 24 (1)(n) substituted by section 8(h) of Act No. 17 of 1991]
| (o) |
confer on any authority designated in terms of paragraph (a) of this subsection, or on any person authorised in writing by any such authority to enforce any provision of a scheme, the powers of inspection referred to in section 25(1); |
[Section 24 (1)(o) substituted by section 15(a) of Act No. 39 of 1983]
| (p) |
declare that the provisions of section 32 shall mutatis mutandis apply with reference to any person who feels aggrieved by any decision or action taken in connection with a scheme by any authority designated in terms of paragraph (a) of this subsection; and |
[Section 24 (1)(p) substituted by section 15(a) of Act No. 39 of 1983]
| (q) |
provide generally for any other matter which, in the opinion of the Minister, is necessary or expedient in order to further or better achieve the objects of a scheme, the generality of the powers conferred by this paragraph not being limited by the preceding paragraphs. |
| (a) |
The authority designated under subsection (1)(a) may authorise any person to exercise, perform or carry out any power, function or duty of that authority. |
| (aA) |
When any authority designated in terms of paragraph (a) so authorises any person at his request, it may determine that— |
| (i) |
the power, function or duty concerned be exercised, performed or carried out at the cost of the person concerned; |
| (ii) |
the person concerned shall have no right of recourse against that authority or the State for costs so incurred; and |
| (iii) |
the person concerned shall exercise, perform or carry out the power, function or duty concerned subject to the directions of that authority. |
[Section 24 (2)(aA) inserted by section 8(i) of Act No. 17 of 1991]
| (aB) |
A juristic person established under any law and so authorised, shall be deemed, notwithstanding the absence of any express provision to such effect in the law under which it was established, to be competent to exercise, perform or carry out the power, function or duty concerned. |
[Section 24 (2)(aB) inserted by section 8(i) of Act No. 17 of 1991]
| (aC) |
The said juristic person may authorise any person in its service in writing to exercise, perform or carry out the power, function or duty concerned. |
[Section 24 (2)(aC) inserted by section 8(i) of Act No. 17 of 1991]
| (b) |
A decision made or order given by any person authorised under paragraph (a), may be withdrawn by such authority, and any such decision or order shall, until it is so withdrawn or amended, be deemed, except for the purpose of this paragraph, to have been given by such authority. |
[Section 24 (2) inserted by section 15(b) of Act No. 39 of 1983]
Employment of Educators Act, 1998
