| (1) |
Notwithstanding anything to the contrary contained in this Act or any other law, the Minister may by notice in the Gazette restrict or prohibit the manufacture, import, use or possession of any measuring instrument or container to such extent as he may deem necessary for achieving the object of effecting the application of the measuring units of the International System of Units (abbreviated as SI) and any other measuring unit in the Republic. |
| (2) |
Any restriction or prohibition contemplated by subsection (1) may apply— |
| (a) |
in the whole of the Republic or in any specified portion thereof; |
| (b) |
in respect of the manufacture, import, use or possession of the measuring instrument or container in question in connection with all goods or specified classes or kinds of goods; |
| (c) |
in respect of any specified class, kind or make of measuring instrument or container or in respect of any such measuring instrument or container manufactured, imported, used or possessed for any purpose. |
| (3) |
The director may in writing, on such conditions and for such period as he may think fit, grant permission to any person to manufacture, import, use or possess any measuring instrument or container in respect of which the provisions of any notice issued under subsection (1) apply. |
| (4) |
Notwithstanding anything to the contrary in this Act contained but subject to the provisions of subsection (3), no person shall in contravention of the provisions of a notice issued under subsection (1) manufacture, import, use or possess any measuring instrument or container. |
| (5) |
Subject to the provisions of this Act or unless permission in writing has been obtained from the director, no person shall use for any prescribed purpose any mass piece or measure of a denomination not permissible under this Act, or any measuring instrument calibrated according to a measuring unit not permitted by this Act for such purpose. |
| (6) |
No person shall use or have in his possession for any prescribed purpose, any measuring instrument— |
| (a) |
not permitted by this Act for such purpose or which is false, defective or inaccurate; or |
| (b) |
which has not been certified or re-certified if it should have been certified or re-certified under this Act; or |
| (c) |
which may, according to a certificate issued under section 18(2) in respect thereof, not be so used or so possessed; or |
| (d) |
otherwise than in accordance with any limitation or condition imposed by such certificate. |
| (7) |
Subject to the provisions of any regulation providing for the continued use of any rejected measuring instrument, any person who, at any place where an act in connection with any prescribed purpose is carried out, has in his possession any measuring instrument which— |
| (a) |
has been rejected in accordance with the provisions of section 25; and |
| (b) |
is being kept at such place and in such condition that it may, in the opinion of any inspector or examiner, readily be used for such purpose, |
| (c) |
[Paragraph (c) deleted by section 9 (a) of Act No. 42 of 1994.] |
| (8) |
The Minister shall before the publication of any notice under subsection (1) consult the Board referred to in section 10 of the Measurement Units and Measurement Standards Act, 2006 (Act No. 18 of 2006). |
[Sub-section (8) substituted by section 9 of Standards Act No. 8 of 2008.]
Older Persons Act, 2006
