Legal Metrology Act, 2014 (Act No. 9 of 2014)RegulationsLegal Metrology Regulations, 2017Part X : Measuring instruments, products or services not conforming to legal metrology technical regulations40. Confiscation |
| (1) | Where the National Regulator directs in writing in terms of regulation 39(2) that a person has failed to meet the requirements of a directive issued in line with section 18(1) of the Act and regulation 39(1), the National Regulator may confiscate the non-compliant measuring instrument or product, as follows— |
| (a) | Confiscation may be in the form of the physical removal of a measuring instrument, or product to a location identified by the National Regulator. |
| (b) | Non-compliant measuring instruments or products confiscated may be disposed of in accordance with the internal procedures of the National Regulator. |
| (c) | The confiscation of measuring instruments, products or services in terms of the Act or Regulations does not affect the person’s liability for any fees that may be or become payable by that person in respect of the measuring instrument, product or service or any other punishment in terms of the Act or any other legislation. |
| (d) | Any cost incurred by the National Regulator for the confiscation, destruction, storage, transportation or otherwise dealing with the measuring instrument, product or service may be recovered from the person issued with a directive. |
| (2) | Any measuring instrument or product in respect of which a directive in terms of regulation 39(1) has been issued which has been confiscated becomes the property of the National Regulator. |