International Trade Administration Act, 2002 (Act No. 71 of 2002) > Chapter 1 : Definitions, interpretation, object and application of Act

(1)	A reference in this Act to an Article by number is a reference to such Article in the SACU Agreement.

(2)	In this Act unless the context indicates otherwise—

"Cabinet"

means the body referred to in section 91 of the Constitution;

"claimant"

means a person who has filed a claim in terms of Part D of Chapter 4, with regard to the confidentiality of information;

"Commission"

means the International Trade Administration Commission established by section 7;

"committee"

means a committee of the Commission;

"Common Customs Area"

means the combined areas of the Member States of SACU;

"confidential information"

means information that is—

(a)	by nature, confidential; or

(b)	recognised in terms of Part D of Chapter 4, to be otherwise confidential;

"countervailing duty"

means a customs duty imposed to off-set the benefit conferred by a subsidy;

"Customs and Excise Act"

means the Customs and Excise Act, 1964 (Act 91 of 1964);

"customs duty"

means customs duty as defined in section 1 of the Customs and Excise Act;

"dumping"

means the introduction of goods into the commerce of the Republic or the Common Customs Area at an export price contemplated in section 32(2)(a) that is less than the normal value, as defined in section 32(2), of those goods;

"export"

means to take or send goods, or to cause them to be taken or sent, from the Republic to a country or territory outside the Republic;

"goods"

includes—

(a)	all wares, articles, merchandise, animals, currency, material or objects of whatsoever nature; and

(b)	in relation to any particular goods, any other goods that are reasonably capable of being substituted for them, taking into account ordinary commercial practice and geographical, technical and temporal constraints;

"import"

means to bring goods, or cause them to be brought, from outside the Republic into the Republic;

"information that is by nature confidential"

means trade, business or industrial information that—

(a)	belongs to a person or the State;

(b)	has a particular economic value; and

(c)	is not generally available to or known by others, and the disclosure of which could—

(i)	result in a significant adverse effect on the owner, or on the person that provided the information; or

(ii)	give a significant competitive advantage to a competitor of the owner;

"member"

means a member of the Commission;

"Member State"

means a member of SACU;

"Minister"

means the member of the Cabinet responsible for trade and industry;

"Minister of Finance"

means the member of the Cabinet responsible for national finance;

"National Body"

means a body or institution established or designated by a Member State, as contemplated in Article 14;

"organ of state"

has the meaning set out in section 239 of the Constitution;

"person"

includes, among other things, a trust;

"premises"

includes land or any building, structure, vehicle, ship, boat, vessel, aircraft or container;

"prescribed"

means prescribed by regulation in terms of this Act;

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act 1 of 1999);

"regulation"

means a regulation made under this Act;

"regulatory authority"

means an entity established in terms of national or provincial legislation responsible for regulating an industry or a sector of an industry;

"SACU"

means the Southern African Customs Union established by Article 3;

"SACU Agreement"

means—

(a)	the agreement establishing SACU, and attached as Schedule 1 to this Act; and

(b)	any annex to that agreement developed by the SACU Council as contemplated in Article 42, once such an annex has become law in the Republic;

"SACU Commission"

means the Customs Union Commission established by Article 7;

"SACU Council"

means the Council of Ministers established by Article 7;

"SACU Tribunal"

means the Tribunal established by Article 7;

"safeguard measure"

means a remedy or procedure for use in response to disruptive competition;

"Tariff Board"

means the SACU Tariff Board established by Article 7; and

"this Act"

includes the regulations and Schedules, other than Schedule 1.

(3)	This Act must be interpreted—

(a)	in a manner that is consistent with the Constitution and gives effect to the object set out in section 2; and

(b)	in a manner that is consistent with the purposes and intent of the SACU Agreement.

International Trade Administration Act, 2002 (Act No. 71 of 2002)

Chapter 1 : Definitions, interpretation, object and application of Act

1. Definitions and interpretation