| (1) | Every fresh produce agent who was the holder of a fidelity fund certificate immediately prior to the date of commencement of the Agricultural Produce Agents Amendment Act, 2003, shall within the period determined by the council by notice in the Gazette apply on his or her own behalf and on behalf of every person who acts as an agent on his or her behalf as contemplated in subparagraph (i) of paragraph (a) of the definition of 'fresh produce agent' in section 1, for a fidelity fund certificate, and shall furnish the council with the information that the council may determine relating to himself or herself and such persons. |
| (2) | Notwithstanding subsection (1), each person who immediately prior to the date of commencement of the Agricultural Produce Agents Amendment Act, 2003— |
| (a) | was the holder of a fidelity fund certificate contemplated in that subsection, shall— |
| (i) | in the case of a fresh produce agent, be deemed to be the holder of a fidelity fund certificate issued in terms of that section: Provided that such certificate shall lapse if a new certificate is not issued to the agent within the period specified in subsection (1); |
| (b) | carried on business as an export agent, shall be deemed to be the holder of a registration certificate. |
| ( 3 ) | The provisions of subsection (2) shall not relieve any person who acts or professes to act as— |
| (a) | a fresh produce agent and who is not i n possession of a fidelity fund certificate at the commencement date of the Agricultural Produce Agents Amendment Act, 2003, to apply t o the council for a fidelity fund certificate and to furnish the council with such information as it may determine; |
| (b) | a livestock agent and who is not in possession of a registration certificate at the commencement date of that Act, to apply to the council for a registration certificate and to furnish the council with such information as it may determine; |
| (c) | an export agent and who is not carrying on business as such at the commencement date of that Act, to apply to the council for a registration certificate and to furnish the council with such information as it may determine. |
| (4) | Members of the council in office immediately prior to the commencement of the Agricultural Produce Agents Amendment Act, 2003 shall remain in office until the termination of their term of office: Provided that the Minister shall appoint such additional members to the council as may be required from time to time. |
[Section 35A inserted by section 30 of Act No. 47 of 2003]
