Border Management Authority Act, 2020 (Act No. 2 of 2020)Chapter 9 : General36. Regulations |
| (1) | The Minister may, after consultation with the Commissioner, make regulations regarding— |
| (a) | the terms and conditions of appointment of officials; |
| (b) | the qualifications and competency standards for officials; |
| (c) | the structure and functioning of the border guard; |
| (d) | the commissioning of officers; |
| (e) | the grading and rank of officers; |
| (f) | the training and arming of officers; |
| (g) | a disciplinary code of conduct for officers; |
| (h) | the rules for the conduct of meetings and procedures of advisory committees; |
| (i) | the handling and resolution of complaints and grievances affecting the work of the Authority; |
| (j) | any matter which is required or permitted by this Act to be prescribed; and |
| (k) | any administrative or procedural matter necessary or expedient for the implementation of this Act. |
| (2) | A regulation made under subsection (1) may prescribe a fine or a period of imprisonment for a maximum of five years for any contravention thereof or failure to comply therewith. |
| (3) | The Minister may only make a regulation referred to in subsection (1)(g) after consultation with the recognised trade unions. |
| (4) | The Minister may make regulations that prescribe different penalties for different degrees of misconduct of officers in breach of the disciplinary code of conduct for officers. |
| (5) | The Minister must, before making regulations under this Act, publish the draft regulations in the Gazette for public comments for a period of not less than 30 days. |
| (6) | The Minister must, prior to the promulgation of any regulations referred to in subsection (5), table the draft regulations in Parliament for comments for a period of not less than 30 days, while Parliament is in session. |