(1)
| (a) |
If any person desires to sell or make available any new model of a measuring instrument of a class or kind which or of which the material, design or construction is in terms of any regulation required to be approved by the director, he may, with a view to the issue to him of a certificate in terms of subsection (2), submit a specimen of that model to the director who shall examine it with reference to the material from which, the principle according to which and the manner in which it has been made and such other circumstances as he may deem fit, and the director may, before issuing any such certificate, require such alterations to be made to such model as he may deem fit. |
| (b) |
If a certificate has been issued in terms of subsection (2) in respect of a particular model of a measuring instrument, and any person desires to sell or make available for any prescribed purpose in respect of which it is prescribed by regulation that an approved measuring instrument shall be used, a modified model of that measuring instrument, he may submit a specimen of the modified model or of the modified part thereof to the director with a view to endorsing or making an addition to that certificate to the effect that it also relates to the modified model. |
| (c) |
If with a view to the issue of a certificate in terms of subsection (2) any specimen of any new model of a measuring instrument exempted by regulation or in terms of section 23 (2) from the provisions of section 23 (1), is submitted to the director, he may in his discretion agree or refuse to deal therewith in terms of this section. |
| (d) |
The director may, subject to such conditions, limitations or requirements and for such period as he may deem fit, authorise in writing the use or the supply for use for a prescribed purpose, of a specimen of a model of a measuring instrument referred to in paragraph (a) or (b) of this subsection, and such number of such specimens as lie may deem fit, before he has approved thereof in terms of subsection (2), and such measuring instrument shall, during the period of such authorisation, be exempt from certification or re-certification under this Act. |
[Paragraph (d) inserted by section 8 of Act No. 15 of 1990.]
(2)
| (a) |
If the director finds a specimen of a model submitted to him in terms of subsection (1) (a) to be suitable for use for any prescribed purpose, he shall approve such model for such use and issue a certificate to that effect: Provided that the director may, subject to the provisions of any regulation made in terms of section 42(1)(k), by means of any such certificate limit the prescribed purposes for which any measuring instrument made according to any such specimen may be used, or impose conditions upon the use of any such measuring instrument, or impose in respect of any such measuring instrument any limitation or condition regarding approval or subsequent certification or re-certification or exemption from certification or re-certification in terms of this Act. |
| (b) |
In any case contemplated by subsection (1)(b), the director may in his discretion make or refuse to make the endorsement or addition desired on or to the certificate in question, and if he makes any such endorsement or addition, the proviso to paragraph (a) shall mutatis mutandis apply in respect of the making thereof. |
| (3) |
The director may in his discretion by notice in the Gazette withdraw or amend any certificate issued in terms of subsection (2). |
| (4) |
Any person who without the permission in writing of the director— |
| (a) |
sells or makes available for use for any prescribed purpose any new model of a measuring instrument referred to in subsection (1)(a), before the issue, in terms of subsection (2), of a certificate in respect thereof; or |
| (b) |
alters any model or modified model of a measuring instrument in respect of which a certificate was issued in terms of subsection (2), regarding any portion of the material of which or the mode in which or the principle according to which it has been made, and pretends to any person that the model so altered is the model in respect of which the said certificate was issued; or |
| (c) |
represents to any person that any measuring instrument— |
| (i) |
may be used for any particular prescribed purpose if, under a certificate issued in terms of this section in respect thereof, it shall not be so used; or |
| (ii) |
may be used in a particular manner for any prescribed purpose if, under any condition imposed by such certificate, it shall not be so used in such manner, |
shall be guilty of an offence.
| (5) |
The director shall, after consultation with the committee, decide on the issue of any certificate referred to in subsection (2) and may cause to be made known particulars of any such certificate in such manner as he may deem fit. |
| (6) |
No measuring instrument made according to— |
| (a) |
any specimen of a model or a modified model in respect of which a certificate or an endorsement of or an addition to a certificate has been refused in terms of subsection (2); or |
| (b) |
any specimen of a model or a modified model in respect of which a certificate has been withdrawn in terms of subsection (3), |
shall be certified or re-certified by any inspector or verification officer.
[Sub-section (6) amended by section 9 (a) of Act No. 17 of 1993.]
| (7) |
No inspector or verification officer shall refuse to certify or re-certify any particular measuring instrument made according to any model or modified model in respect of which a certificate was issued in terms of subsection (2) and has not been withdrawn, on the ground that the material of which or the mode in which or the principle according to which such measuring instrument has been made is such that it is unsuitable for use for any prescribed purpose. |
[Sub-section (7) amended by section 9 (b) of Act No. 17 of 1993.]
| (8) |
Any person who submits for any examination in terms of this section any model or modified model of a measuring instrument, shall pay such fees for the examination and the costs incurred by the director in connection therewith, as the director shall charge according to such tariffs of fees and costs as the Minister, in consultation with the Minister of Finance, may prescribe from time to time by notice in the Gazette, and the tariffs so prescribed may provide for payments in respect of the delay or postponement of the examination or the completion thereof at the request of or as a result of an omission by the person who made the submission. |
[Sub-section (8) substituted by section 1 of Act No. 14 of 1984.]
| (9) |
Notwithstanding the provisions of this section, the use of any attachment, device or ancillary equipment connected with the use of any approved model of a measuring instrument for any prescribed purpose, may by regulation be made subject to examination and approval by the director on payment of such fees as may be prescribed in the tariff of fees referred to in subsection (8). |
Gas Regulator Levies Act, 2002
