Hazardous Substances Act, 1973 (Act No. 15 of 1973)12. Examination, control and disposal of imported substances |
| 1) | If any substance is in terms of paragraph (a) of section 107(2) of the Customs and Excise Act, 1964 (Act No. 91 of 1964), under the control of the Commissioner for Customs and Excise because he has not yet satisfied himself that the provisions of this Act relating to the importation of grouped hazardous substances have been complied with in respect thereof, the said Commissioner may, notwithstanding the provisions of that paragraph but subject to the provisions of subsection (2) of this section, with the concurrence of the Director-General allow such substances and similar substances in the same consignment to pass from his control on condition that they are removed to a place approved by the Director-General and are there detained, at the expense and risk and under the control of the importer, for examination or analysis thereof or of a sample thereof under the provisions of this Act or until the result of any such examination already commenced or carried out is known and, under the circumstances contemplated in subsection (3), until the Director-General has made an order in respect thereof. |
| 2) | The Commissioner for Customs and Excise shall not under subsection (1) allow any substances to pass from his control unless the importer has furnished the Director-General with a guarantee, to the satisfaction of the Director-General, that he will pay to the Director-General for the benefit of the State Revenue Fund an amount determined by agreement between himself and the Director-General and specified in the guarantee, if in the opinion of the Director-General he fails to comply with any condition referred to in that subsection in relation to such substances. |
| 3) | If as a result of the examination or analysis of any substance which in terms of the Customs and Excise Act, 1964, is under the control of the Commissioner for Customs and Excise or in terms of subsection (1) of this section is detained under the control of an importer, or of a sample thereof, it appears that it may in terms of this Act not be imported, the Director-General may by order in writing at his discretion direct that such substances and all similar substances in the same consignment— |
| a) | shall be confiscated and destroyed; or |
| b) | shall be returned to the port of shipment or place of origin; or |
| c) | may be imported on compliance by the importer with such conditions as may be specified by the Director-General in such order, including any condition requiring the substitution of a label approved by the Director-General for any existing label; or |
| d) | shall be dealt with or disposed of in such other manner as may be specified by the Director-General in such order. |