Films and Publications Act, 1996 (Act No. 65 of 1996)

Rules

Enforcement Committee Rules, 2022

Schedule 1

Part 1

1. Definitions

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In this Schedule of these Rules, any word or expression to which a meaning has been assigned by the Act, shall have the meaning so assigned and, unless the context otherwise indicates:

 

“Act”

means the Films and Publications Act, 1996 (Act No. 65 of 1996), as amended from time to time;

 

“answer”

means a document as described in regulation 15 of Schedule 1 and filed by a respondent;

 

“Appeal Tribunal”,

depending on the context, means either:

(i) the body established by section 3 of the Act;
(ii) a panel of the Appeal Tribunal convened in terms of section 20 (1) of the Act; or
(iii) the registrar of the Appeal Tribunal;

 

“applicant”

means the FPB;

 

“certified copy”

means a copy of a document certified by a Commissioner of Oaths;

 

“chairperson”

means the officer of the Enforcement Committee appointed in terms of section 6A (1) of the Act;

 

“day”

means any number of days prescribed in these Rules and shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a Saturday, Sunday or official South African Public Holiday, in which case the last day shall be the next succeeding business day;

 

“deliver”

depending on the context, means to serve, or to file, a document;

 

“Enforcement Committee”,

depending on the context, means either—

(a) the body established by section 3 of the Act;
(b) a panel of the enforcement committee convened in terms of section 6B (1) of the Act; or
(c) the registrar of the Enforcement Committee;

 

“Enforcement Registrar”

means the officer of the Enforcement Committee appointed by the FPB, in consultation with the chairperson, in terms of rule 4 of Schedule 1 and includes any acting or assistant registrar;

 

“file”,

when used as a verb, means to deposit with the registrar;

 

“FPB”

means the Film and Publication Board, a body established by section 3 of the Act;

 

“Government Gazette”

means the Government Gazette of the Republic of South Africa or the relevant Provincial Gazette, according to whether the administration of the law concerned or, as the case may be, the law conferring the power to make or issue such a proclamation, regulation, notice or other document, vests in, or in a functionary of, the national government or a provincial government;

 

“member”

means a person appointed to the Enforcement Committee;

 

“notice”

means an initiating document as described in rule 9 of Schedule 1;

 

“public holiday”

means a public holiday referred to in section 1 of the Public Holidays Act, 1994 (Act 36 of 1994);

 

“reply”

means a document as described in rule 16 of Schedule 1 and filed by a respondent;

 

“respondent”

means a distributor, exhibitor or any such person to whom the Act applies;

 

“rules”

includes any footnote to a rule, and any table included within or referred to in a rule; and

 

“serve”

means to deliver a document to a person other than the registrar.