National Conventional Arms Control Act, 2002 (Act No. 41 of 2002)1. Definitions |
In this Act unless the context indicates otherwise—
means armed conflict as defined in the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act;
[Defintion 1 inserted by section 1 (a) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
means—
| (a) | acting as an agent in negotiating or arranging a contract, purchase, sale or transfer of controlled items for a commission, advantage or cause, whether financially or otherwise; |
| (b) | acting as an agent in negotiating or arranging a contract for the provision of services for a commission, advantage or cause, whether financially or otherwise; |
| (c) | facilitating the transfer of documentation, payment, transportation or freight forwarding, or any combination of the aforementioned, in respect of any transaction relating to buying, selling or transfer of controlled items; and |
| (d) | acting as intermediary between any manufacturer or provider of controlled items, and any buyer or recipient thereof; |
[Definition substituted by section 1 (b) of the National Conventional Arms Control Act No. 73 of 2008]
means the National Conventional Arms Control Committee established by section 2;
means the Committee, or any subcommittee to which, or any member of the Committee, a subcommittee or the secretariat, or any inspector of the Inspectorate, to whom, a power has been delegated or a duty has been assigned in terms of section 11;
[Definition substituted by section 1 (c) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
means the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);
means the entering into a commitment by a person to engage in trade in controlled items, whether it is done in exchange for currency or any to other commodity or to advance a cause;
[Definition substituted by section 1 (d) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
means controlled items specified in a notice published by the Committee in the Gazette in terms of section 27(3);
[Definition inserted by section 1 (f) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
[Definition deleted of section 1 (e) of the National Conventional Arms Control Amendment Act No. 73 of 2008];
in relation to controlled items, means to transport controlled items through or over the territory of the Republic, its territorial waters or its airspace to any other place or destination outside the Republic, whether or not such controlled items are off-loaded, and “conveyance” must be interpreted accordingly;
[Definition substituted by section 1 (g) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
means the Department of Defence;
means a transfer of ownership of controlled items from one person to another within the Republic;
[Definition inserted by section 1 (h) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
[Definition deleted by section 1 (i) of the National Conventional Arms Control Amendment Act No. 73 of 2008];
means a certificate contemplated in section 17;
in relation to controlled items, means the transfer of controlled items from the Republic to any place outside the Republic by any person, and “exportation” must be interpreted accordingly;
[Defintion substituted by section 1 (j) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
in relation to controlled items, means to bring these items into any part of the Republic, irrespective of whether it is done in exchange for currency or any other commodity, and “importation” must be interpreted accordingly;
[Definition substituted by section 1 (k) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
means the Inspectorate established by section 9(1);
in relation to controlled items, includes the design, development, production and assembly thereof, and“ manufacturing” must be interpreted accordingly;
[Definition substituted by section 1 (l) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
in relation to controlled items, includes the promotion of controlled items, and any negotiations, offer, tender advertising, shows, exhibitions or giving of information relating to controlled items, and “market” when used as a verb must be interpreted accordingly;
[Definition substituted by section 1 (m) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
means the Minister of Defence;
has the meaning ascribed to it in section 198 of the Constitution;
means a permit contemplated in section 14;
[Definition substituted by section 1 (n) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
has the meaning assigned to it in the Interpretation Act, 1957 (Act No. 33 of 1957), and includes an organ of state as defined in the Constitution;
means prescribe by regulation made under section 27;
means the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict, 2006 (Act No. 27 of 2006);
[Definition inserted by section 1 (o) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
[Definition deleted by section 1 (p) of the National Conventional Arms Control Amendment Act No. 73 of 2008];
in relation to controlled items, means to export imported controlled items, or to cause these imported items to be exported to any place other than that from which they were originally imported, whether or not it is done in exchange for currency or any other commodity, and “re-exportation’’ must be interpreted accordingly;
[Definition substituted by section 1 (q) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
means the secretariat contemplated in section 8;
means the Secretary for Defence appointed in terms of section 7 of the Defence Act, 2002 (Act No. 42 of 2002);
[Definition substituted by section 1 (r) of National Conventional Arms Control Amendment Act No. 73 of 2008]
[Definition deleted by section 1 (s) of the National Conventional Arms Control Amendment Act No. 73 of 2008];
means any subcommittee established in terms of section 7;
includes any technique, expertise or know-how that can be utilised in the design, development, manufacture, upgrading, refurbishment or maintenance of controlled items;
[Definition substituted by section 1 (t) of the National Conventional Arms Control Amendment Act No. 73 of 2008]
includes any regulation made in terms of section 27;
includes—
| (a) | any activity relating to the manufacturing, marketing, contracting, exportation, re-exportation, importation or conveyance of controlled items; |
| (b) | domestic transfer such as sale, takeover, letting, lending, donation or transfer within the Republic; and |
| (c) | the rendering of services |
[Definition substituted by section 1 (u) of the National Conventional Arms Control Amendment Act No. 73 of 2008]