Legal Metrology Act, 2014 (Act No. 9 of 2014)Chapter II : Legal Metrology Technical Regulations15. Legal metrology technical regulations |
| (1) | The Minister may, in respect of any measuring instrument or any product or service which may affect fair trade, industrialisation, public health and safety or the environment, or in respect of any other prescribed purpose, on the recommendation of the National Regulator and by notice in the Gazette— |
| (a) | declare a SANS or a provision of a SANS to be a legal metrology technical regulation— |
| (i) | by referring to the title and the number of that standard only, without indicating the year or edition number, and if that SANS is amended, the amended SANS must be regarded as having been incorporated; or |
| (ii) | by referring to the title, number and year or edition number of that SANS; |
| (b) | declare an amended SANS or an amended provision of a SANS to be a legal metrology technical regulation if the original declaration was made in terms of paragraph (a)(ii); |
| (c) | declare or amend a legal metrology technical regulation if a SANS or a provision of a SANS is not available in terms of paragraphs (a) and (b); or |
| (d) | withdraw a legal metrology technical regulation. |
| (2) | The Minister may not publish a notice under subsection (1)(a), (b) or (c), unless a preliminary notice has been published in the Gazette— |
| (a) | setting out full particulars of the proposed legal metrology technical regulation or amendment; and |
| (b) | in which interested persons are invited to comment on the proposed legal metrology technical regulation in writing by not less than two months after the date of the publication of the preliminary notice. |
| (3) | A notice under subsection (1)(a), (b) or (c)— |
| (a) | must contain full particulars of the legal metrology technical regulation or amendment thereto; |
| (b) | comes into operation on a date fixed in the notice, which date may not be less than two months after the date of publication of the notice; and |
| (c) | may fix different dates on which different provisions of a legal metrology technical regulation come into operation. |
| (4) | The Minister may alter a date referred to in subsection (3)(b) or (c) by notice in the Gazette. |
| (5) | The Minister may prescribe the consultation process which must precede the declaration or amendment of a legal metrology technical regulation contemplated in subsection (1). |