| (a) | The Minister shall after consultation with the Association determine the terms of an agreement to be known as the Sugar Industry Agreement, which shall provide for, and deal with, such matters relating to the sugar industry as are, in the opinion of the Minister, in the interests of that industry but riot detrimental to the public interest. |
| (i) | The Minister may at the instance of, or after consultation with, the Association, amend the Agreement if the Minister is satisfied that such amendment is in the interests of the sugar industry and not detrimental to the public interest. |
| (ii) | An amendment may be made with retrospective effect to any date determined by the Minister after consultation with the Association. |
[Section 4(1)(b)(ii) substituted by section 1(a) of Act No. 69 of 1987]
| (c) | The Minister shall publish the Agreement and any amendment thereof by notice in the Gazette, whereupon the Agreement or such amendment shall become binding upon every grower, miller and refiner. |
| (2) | Without derogating from the generality of subsection (1)(a), the matters with reference to which the Minister may provide for, and deal with, in the Agreement, shall include— |
| (a) | the designation of any agricultural product from which it is or becomes possible to manufacture sugar as a product which is subject to the Agreement; |
| (ii) | the prohibition of the production, marketing and exportation of sugar industry products; |
| (c) | the confiscation or destruction, which may be with or without compensation, and the sale or other disposal, which may be for the benefit of the Association or not, of any sugar industry product in circumstances in which the production of that product, or the marketing or other disposal or the exportation thereof, has been effected or attempted in contravention of the Agreement or any notice published under section 6 or any regulation made under section 10; |
| (d) | a formula for determining the price to be paid by millers to growers for sugar cane or any designated agricultural product, which may include any factor related to the sale or other disposal of any sugar industry product; |
| (e) | the functions to be performed by the Association in the execution of the Agreement; |
| (f) | the establishment and constitution of a board to carry out the terms of the Agreement, and the functions to be performed by it thereunder; |
| (fA) | the granting of power, in specified cases or in general, to the board established under paragraph (f) to impose any penalty prescribed in the Agreement for the contravention of, or failure to comply with, any term of the Agreement, or any provision of a notice issued under section 6. |
[Section 4(2)(fA) inserted by section 1(a) of Act No. 71 of 1992]
| (g) | the imposition of levies upon growers, millers and refiners for the purpose of giving effect to the terms of the Agreement and for the purpose of enabling the Association to fulfil any obligation incurred by it in accordance with its constitution. |
| (h) | the regulation and control of the transportation of sugar cane from growers to millers, the prohibition of agreements which are contrary to the terms relating to such regulation and control, whether or not the agreements exist at the commencement of those terms, and whether or not the other terms of the Agreement are applicable to the parties to those agreements, and any compensation to parties who suffer loss as a result of such a prohibition. |
[Section 4(2)(h) inserted by section 1 of Act No. 9 of 1984]
| (i) | the granting of power— |
| (aa) | in specified cases, to any person or body (including the Association), to provide for and deal with; with the approval of the Minister, any matter referred to in subsection (1)(a), read with paragraphs (a) to (h), inclusive, of this subsection, and, where necessary or desirable, with retrospective effect to any date determined by the said person or body with the approval of the Minister, by means of rules, regulations, notices, directions, orders or similar general measures; and |
| (bb) | in specified cases or in general, to any such person or body to publish any such rules, regulations, notices, directions, orders or measures, after consultation, where applicable, with the Association, by notice in the Gazette or, with the prior approval of the Minister, where it is deemed expedient due to the restricted operation thereof or for any other reason, in such other manner as may in the opinion of the Minister be suitable in the circumstances to make them known to the persons affected thereby and which rules, regulations, notices, directions, orders or measures shall on any such publication become binding in accordance with the provisions thereof on any grower, miller, refiner or other person affected thereby. |
[Section 4(2)(i) inserted by section 1(b) of Act No. 69 of 1987]
| (3) | The Minister may, after consultation with the Association, in the Agreement or in any subsequent notice in the Gazette, declare any contravention of, or failure to comply with, any term of the Agreement, or a notice issued by the Association under section 6, an offence, and may in like manner prescribe penalties for any such contravention or failure. |
[Section 4(3) substituted by section 1(b) of Act No. 71 of 1992]
