Border Management Authority Act, 2020 (Act No. 2 of 2020)

Chapter 1 : Definitions, Application and Object of Act

1. Definitions
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(1) In this Act, unless the context indicates otherwise—

 

"airspace"

means the area enclosed by the outer limit of the internationally recognised airspace of the Republic;

 

"Authority"

means the Border Management Authority established by section 4 of this Act;

 

"border guard"

means the border guard referred to in section 6(1)(c);

 

"border law enforcement area"

means, in respect of—

(a) the land border, a distance of 10 kilometres or any reasonable distance inside the internationally recognised borders of the Republic; and
(b) the maritime borders, a distance of 10 kilometres or any reasonable distance on the landward side of the baselines extending seaward to the outer limit of the Exclusive Economic Zone as defined in the Maritime Zones Act, 1994 (Act No. 15 of 1994);

 

"border law enforcement area functions"

means functions conferred on the Authority by law and in terms of this Act;

 

"border management"

means the execution of border law enforcement functions and includes co-operation with the Defence Force on the implementation of border protection functions;

 

"border protection functions"

means the functions performed exclusively by the Defence Force in terms of section 200(2) of the Constitution;

 

"Border Technical Committee"

means the Committee established by section 25;

 

"commissioned officer"

means a person referred to in section 14(1);

 

"Commissioner"

means the person appointed in terms of section 7(1) of this Act;

 

"Constitution"

means the Constitution of the Republic of South Africa, 1996;

 

"customs related functions"

means the functions performed exclusively by the South African Revenue Service under—

(a) customs and excise legislation; and
(b) any tax Act,

as defined in the Tax Administration Act, 2011 (Act No. 28 of 2011);

 

"Defence Force"

has the meaning ascribed to it in section 1 of the Defence Act, 2002 (Act No. 42 of 2002);

 

"Deputy Commissioner"

means a person appointed in terms of section 7(2) of this Act;

 

"goods"

includes any wares, supplies, merchandise, articles, products, commodities, currencies, documents, substances, animals, plants and their products, genetic materials, vehicles, waste, human remains, containers of such goods or any other thing capable of being transported;

 

"Inter-Ministerial Consultative Committee"

means the Committee established by section 24;

 

"Labour Relations Act"

means the Labour Relations Act, 1995 (Act No. 66 of 1995);

 

"Minister"

means the Minister of Home Affairs;

 

"officer"

means a person appointed in terms of section 13(1)(b)(i) and includes commissioned officers;

 

"officials"

means officers and support staff of the Authority;

 

"port of entry"

means a port of entry designated by the Minister in terms of section 9A of the Immigration Act, 2002 (Act No. 13 of 2002), and includes any port, point or place of entry or exit determined under any other legislation or any other port, point or place of entry or exit approved by the Minister in terms of section 30 of this Act;

 

"prescribed"

means prescribed by regulation;

 

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

 

"regulation"

means any regulation made under this Act;

 

"South African Revenue Service"

means the South African Revenue Service established by section 2 of the South African Revenue Service Act, 1997 (Act No. 34 of 1997);

 

"support staff"

means a person appointed in terms of section 13(1)(b)(ii);

 

"this Act"

includes regulations; and

 

"vehicle"

includes any vessel, aircraft, locomotive, railway carriage, conveyance, container or receptacle or any other means of transport, whether or not used for the purpose of transporting goods or persons.