Executive Powers (Industries) Transfer Proclamation, 1978 (Proclamation AG5 of 1978)

Official Gazette no. 3697
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Executive Powers (Industries) Transfer Proclamation, 1978

Proclamation AG5 of 1978

  • Published in Official Gazette no. 3697 on 30 January 1978
  • Assented to on 23 January 1978
  • Commenced on 30 January 1978
  • [Up to date as at 6 November 2020]
PROCLAMATIONof the ADMINISTRATOR-GENERAL FOR THE TERRITORY OF SOUTH WEST AFRICATRANSFER OF ADMINISTRATION OF DEPARTMENT OF INDUSTRIES TO THE ADMINISTRATOR-GENERAL
Under the powers vested in me by Proclamation 181 of 19 August 1977, I hereby make the laws set out in the Schedule.M. T. STEYNAdministrator-GeneralWindhoek, 28 January 1978

Schedule

1. Definition

(1)In this Proclamation “General Proclamation” means the Executive Powers Transfer (General Provisions) Proclamation, 1977 (Proclamation AG. 7 of 1977).
(2)A reference in this Proclamation to any particular law, shall be construed as including a reference to a regulation, rule or other enactment made under or relating to that law.

2. Transfer of administration of Department of Industries

Notwithstanding anything to the contrary contained in any other law but subject to the provisions of this Proclamation and the General Proclamation, the administration of the affairs of the territory of South West Africa in relation to any matter which at the commencement of this Proclamation is administered by the Minister of Economic Affairs of the Republic of South Africa in the Department of Industries shall be carried on by the Administrator-General.

3. Application of laws

(1)The provisions of subsection (1) of section 3 of the General Proclamation shall, without detracting from the provisions of subsection (2) of that section, not apply to -(a)the Industrial Development Act, 1940 (Act 22 of 1940);(b)the Fishing Industry Development Act, 1944 (Act 44 or 1944);(c)the reference to the Minister of Finance in sections 6(1)(a) and 6(2) of the Regulation of Monopolistic Conditions Act, 1955 (Act 24 of 1955);(d)sections 3A, 11, 12 and 13 of the Standards Act, 1962 (Act 33 of 1962);(e)the Fuel Research Institute and Coal Act, 1963 (Act 35 or 1963);(f)the National Supplies Procurement Act, 1970 (Act 89 of 1970);(g)sections 19 and 22A of the Sea Fisheries Act, 1973 (Act 58 of 1973);(h)the reference to the State President and the Gazette in section 34 of the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977.)[The full stop at the end of this subsection is misplaced.]
(2)Notwithstanding the provisions of section 3(2)(b) of the General Proclamation -(a)the reference to the Minister of Economic Affairs in section 14 of the Standards Act, 1962 (Act 33 of 1962) (hereinafter referred to as the Act), shall be construed as a reference to the Administrator-General;(b)the reference to the Minister of Economic Affairs in section 20(2)(a) of the Act shall be construed as including a reference to the Administrator-General.
(3)Section 20 of the Standards Act, 1962, is hereby amended by the deletion of paragraph (b) of subsection (2).

4. Short title

This Proclamation shall be called the Executive Powers (Industries) Transfer Proclamation, 1978.