Businesses Act, 1991 (Act No. 71 of 1991)6. Regulations |
| (1) | An Administrator may make regulations for his province regarding- |
| (a) | the attainment of the objects of sections 2 and 3, including, without prejudice to the generality of the aforegoing |
| (i) | the constitution of any body appointed as a licensing authority; |
| (ii) | the powers, duties and functions of licensing authorities; |
| (iii) | applications that are required or permitted to be made for the purposes of the said sections; |
| (iv) | the issuing, amendment, suspension, withdrawal and transfer of licences; |
| (v) | the issuing of duplicates of licences; |
| (vi) | appeals in terms of section 3, including the referral of appeals to appeal committees, and the constitution, functions and procedures, and the legal effect of findings, of such committees; |
| (vii) | the liability of any person for reasonable expenses in respect of inspections or the performance of any other act in relation to any matter specified in this paragraph; |
| (viii) | the appointment of inspectors, and their powers, duties and functions; |
| (ix) | the provision of administrative services to licensing authorities; |
| (x) | the delegation or assignment by a licensing authority of its powers or duties; |
| (xi) | any matter which in terms of this Act is required or permitted to be prescribed by regulation; |
| (b) |
| (i) | the disposal of any goods, receptacle, vehicle or movable structure removed and impounded as contemplated in section 6A(1)(d)(ii); |
| (ii) | the liability of any person for any reasonable expenses incurred in connection with such removal, impoundment and disposal; |
| (c) | in connection with any matter contemplated in paragraph (a), the powers, duties and functions of local authorities in relation to any such matter, including the power to make by-laws in respect thereof and so to enact, subject to the provisions of this Act, such penal, differential and exempting provisions as may be deemed necessary. |
| (2) | Different regulations may be made in respect of different businesses, areas or local authorities. |
| (3) | A regulation may prescribe penalties not exceeding a fine of R1 000 or imprisonment for a period of three months for any contravention of or failure to comply with its provisions. |
| (4) |
| (a) | The Administrator shall, not less than one month before promulgating a regulation under subsection (1), cause a draft of the regulation to be published in the Official Gazette, together with a notice declaring his intention to issue such a regulation and inviting interested persons to furnish him with comments thereon or representations in connection therewith. |
| (b) | If the Administrator determines upon any alteration on a draft regulation so published, as a result of comments or representations furnished to him in respect thereof, it shall not be necessary to publish the alteration in terms of this subsection before the amended draft is promulgated as a regulation. |
| (5) | The provisions of any law which warrants the seizure of articles, including Chapter 2 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), shall not apply in respect of the seizure of anything— |
| (a) | which is concerned in or suspected to be concerned in the commission of an offence |
| (i) | in terms of this Act or in terms of a by-law contemplated in section 6A(1); and |
| (ii) | relating to the carrying on of the business of street vendor, pedlar or hawker; |
| (b) | which may afford evidence of the commission or suspected commission of such an offence; or |
| (c) | which is intended to be used or is suspected to be intended to be used in the commission of such an offence. |
| (6) | A regulation shall in the province concerned have legal effect as if it were a proclamation issued by the Administrator under section 14(2)(a) of the Provincial Government Act, 1986 (Act No. 69 of 1986). |