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Measurement Units And Measurement Standards Act [No 18 Of 2006] (Kwazulu-Natal Department of Health)

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Government Gazette
REPUBLIC OF SOUTH AFRICA
Vol. 501 Cape Town 28 March 2007
No. 29752
THE PRESIDENCY
No. 275 28 March 2007
It is hereby notified that the President has assented to the following Act, which is
hereby published for general information:–
No. 18 of 2006
: Measurement Units and Measurement Standards Act, 2006.
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ACT
To provide for the use of measurement units of the International System of Units
and certain other measurement units; to provide for the designation of national
measurement units and standards; to provide for the keeping and maintenance of
national measurement standards and units; to provide for the establishment and
functions of the National Metrology Institute; to provide for the repeal of certain
laws;
and to provide for matters connected therewith.
PREAMBLE
RECOGNISING—
• the need for an internationally recognised national metrology system as the
foundation for the South African measurement system;
• the need to strengthen the metrology system as a key component of the
technical infrastructure that is aligned with international best practice;
• the importance of ensuring that South Africa maintains national measurement
standards and demonstrates its comparability to international standards and
measurements;
• the need for support of our enterprises competing in a fast-paced global
economy and for public policy objectives with regard to compliance issues in
terms of health, safety and the environment; and
• that government is committed to providing a supportive legal environment for
a national metrology system; and
IN ORDER TO—
• recognise the National Metrology Institute as the body in South Africa
responsible to provide for the use of measurement units of the International
System of Units and certain other measurement units;
• designate national measurement standards and provide for keeping and
maintaining national measurement standards and units; and
• disseminate traceability in the South African industry,
B
E IT THEREFORE ENACTED by the Parliament of the Republic of South Africa,
as follows:—
TABLE OF CONTENTS
Sections
CHAPTER 1
INTERPRETATION
1.
Definitions
Act No. 18, 2006 MEASUREMENT UNITS AND MEASUREMENT
.. STANDARDS
ACT,
2006
CHAPTER 2
NATIONAL MEASUREMENT UNITS
2.
Units
3.
Prohibition of expression of magnitude of quantities and designation of units
4.
Equivalent of certain units
CHAPTER 3
NATIONAL MEASUREMENT STANDARDS
5.
National measurement standards
6. National reference measurements
7.
Certificates
CHAPTER 4
ESTABLISHMENT OF NATIONAL METROLOGY INSTITUTE
8. Establishment of National Metrology Institute
9. Functions of National Metrology Institute
CHAPTER 5
BOARD OF NATIONAL METROLOGY INSTITUTE
10.
Board of National Metrology Institute and its composition
11.
Term of office of members of Board
12.
Disqualification as member of Board
13.
Conditions of appointment of members of Board
14.
Meetings of Board
15.
Quorum and decisions of Board
16.
Committees of Board
17.
Consultative forum
CHAPTER 6
EXECUTIVE MANAGEMENT
18.
Appointment of Chief Executive Officer
19.
Employment contract and performance agreement
20.
Appointment of staff
21.
Services of non-employees
22.
Delegation
CHAPTER 7
FINANCIAL MANAGEMENT
23.
Funds and investments
24.
Financial year and accounting
CHAPTER 8
GENERAL PROVISIONS
25.
Offences
26.
Regulations
27.
Repeal of laws
28.
Transitional provisions
29.
Short title and commencement
Act No. 18,2006 MEASUREMENT UNITS AND MEASUREMENT
STANDARDS ACT,.200$
SCHEDULE
CHAPTER 1
INTERPRETATION
Definitions
1.
In this Act, unless the context indicates otherwise—
"Board" means the Board appointed in terms of section 10;
"CIPM" means the International Committee of Weights and Measures (Comite
International des Poids et Mesures) established under the Metre Convention;
"CIPM Mutual Recognition Arrangement" means an arrangement signed by
member states under the Metre Convention for the mutual recognition of national
measurement standards and calibration and measurement certificates issued by
National Metrology Institutes;
"CSIR" means the Council for Scientific and Industrial Research described in
section 1 of the Scientific Research Act, 1988 (Act No. 46 of 1988);
"Metre Convention" (Convention du Metre), means the diplomatic treaty which
gives authority to the General Conference on Weights and Measures (Conference
Gendrale des Poids et Mesures (CGPM)), the CIPM and the International Bureau of
Weights and Measures (Bureau International des Poids et Mesures (BIPM)) to act
in matters of world metrology, particularly concerning the demand for measure-
ment standards of ever increasing accuracy, range and diversity, and the need to
demonstrate equivalence between national measurement standards;
"Minister" means the Minister of Trade and Industry;
"national measurement standard" means a measurement standard designated in
terms of section 5 as a national measurement standard;
"national reference measurement" means a reference measurement designated
in terms of section 6 as a national reference measurement;
"National Metrology Institute" means the National Metrology Institute of South
Africa established by section 8;
"Public Finance Management
Act"
means the Public Finance Management Act,
1999 (Act No. 1 of 1999);
"quantity" means the property of a phenomenon, body or substance to which a
magnitude can be assigned;
"SI"
means the recommended practical system of units of measurement as
accepted under the Metre Convention and known as the International System of
Units (Systeme International d'Unite's);
"this Act" includes any regulations made in terms of section 27;
"traceable" means traceable in terms of sections 5(3) and 6;
"uncertainty of
measurement"
means a parameter associated with the result of a
measurement, that characterises the dispersion of the values that could reasonably
be attributed to the measurement;
"unit" means a measurement unit published by the Minister in terms of section 2;
"use",
in relation to a unit, means the expression of the magnitude of any quantity
by means of a unit.
Act No. 18, 2006 MEASUREMENT UNITS AND MEASUREMENT
STANDARDS ACT, 2006
CHAPTER 2
NATIONAL MEASUREMENT UNITS
Units
2.
The units in the Republic and the symbols of those units and the rules relating to the
use of units and their symbols must be—
(a) the units, the appropriate symbols and the rules of the SI as published by the
Minister in the Gazette; and
(b) such other units, such other symbols of those units and such rules relating to
the use of those units and their symbols as the Minister may publish in the
Gazette.
Prohibition of expression of magnitude of quantities and designation of units
3.
(1) The Minister may by notice in the Gazette prohibit—
(a) the expression, in the circumstances or for the purposes of or in connection
with the matters and in respect of the goods or things specified in the notice,
of the magnitude of quantities by means of any unit other than a unit so
specified;
(b) the designation, in the circumstances or for the purposes of or in connection
with the matters and in respect of the goods or things specified in the notice,
of any unit so specified by means of any symbol other than a symbol so
specified.
(2) A notice contemplated in subsection (1) may be expressed to apply to a specified
area only and may make provision for the granting of exemptions from any of its
provisions.
Equivalent of certain units
4.
The Minister may by notice in the Gazette determine the equivalent of any unit,
expressed in any other unit of the same quantity, and any equivalent so determined must
for all purposes be regarded to be the equivalent of the unit in question.
CHAPTER 3
NATIONAL MEASUREMENT STANDARDS
National measurement standards
5. (1) The Minister may by notice in the Gazette designate any measurement standard
described in the notice as a national measurement standard.
(2) The value of a national measurement standard in relation to the SI units must—
(a) be the value as determined by the National Metrology Institute;
(b) be regarded as the most accurate value of that national measurement standard;
and
(c) have stated uncertainties of measurement.
(3) A measurement standard which is not a national measurement standard must—
(a) for the purposes of measurement for any legal purpose, be traceable to one or
more national measurement standards;
(b) be so traceable that the measurement standard is related to one or more
national measurement standards as contemplated in paragraph (a) through an
unbroken chain of comparisons—
(i) stating appropriate uncertainties of measurement; and
(ii) carried out by a calibration laboratory accredited by the South
African National Accreditation System (SANAS) or an accredita-
tion body enabled in terms of the Accreditation for Conformity
Assessment, Calibration and Good Laboratory Practice Act in that
specific area of metrology.
Act No. 18, 2006 MEASUREMENT UNITS AND MEASUREMENT
STANDARDS ACT, 2006
(c) arrange for an appropriate periodic comparison of the national measurement
standards with the corresponding national measurement standards or refer-
ences recognised as such and ensure their correction, if necessary;
(d) certify reference materials and arrange for a comparison of the related
procedures and primary methods with the corresponding other national
procedures and primary methods and ensure their correction, if necessary;
(e) ensure compliance with and validation in terms of the stipulations of the
CIPM Mutual Recognition Arrangement and must effect the inclusion of the
Republic's calibration and measurement capabilities in this arrangement; and
(f) co-ordinate and manage international, regional and bilateral interaction with
other national metrology institutes and bodies affiliated to the CIPM and
interact with such institutes and bodies.
(2) The National Metrology Institute may—
(a) acquire or dispose of any right in or to property, but ownership in immovable
property may be acquired or disposed of only with the consent of
the
Minister;
(b) open and operate banking accounts in the name of the National Metrology
Institute;
(c) insure the National Metrology Institute against—
(i) any loss, damage or risk;
(ii) any liability it may incur in the application of this Act;
(d) perform legal acts, including acts in association with or on behalf of any other
person or organ of state;
(e) subject to subsection (3), conclude agreements with organs of state and other
persons; and
(f) institute or defend any legal action.
(3) An agreement concluded in terms of subsection (2)(e) may not conflict with any
international requirement binding on the National Metrology Institute.
(4) The National Metrology Institute may—
(a) keep and maintain the equipment necessary for bringing national measure-
ment standards into being, certify reference materials and see to the
procedures connected thereto;
(b) establish and maintain the necessary expertise and competence according to
internationally acceptable standards;
(c) establish confidence in the accuracy of
the
national measurement standards by
suitable and documented verification processes and by keeping the applicable
records of the results;
(d) upgrade the existing measurement standards or develop such new measure-
ment standards and reference material certification procedures in line with the
requirements of commerce and industry;
(e) disseminate traceability, measurement expertise or services to South African
commerce and industry by means of calibration, measurement or analysis,
certified reference materials or appropriate technology and skills transfer;
(f) maintain close links with the CIPM and associated activities of the Metre
Convention;
(g) participate and represent South Africa regionally and internationally with
reference to traceability and measurement issues;
(h) nominate an institute with specific competence to represent the National
Metrology Institute in a specific field of metrology where the National
Metrology Institute does not have sufficient competence to do so;
(i) subcontract a part of its calibration, measurement or certified reference
material certification activities to another laboratory with which it collabo-
rates;
and
Act No. 18, 2006 MEASUREMENT UNITS AND MEASUREMENT
STANDARDS ACT, 2006
(j) establish technical advisory forums to facilitate dissemination of international
best practice and gather input from commerce and industry.
CHAPTER 5
BOARD OF NATIONAL METROLOGY INSTITUTE
Board of National Metrology Institute and its composition
10.
(1) The Board of the National Metrology Institute consists of—
(a) not less than seven and not more than 12 members appointed by the Minister;
(b) the Chief Executive Officer appointed in terms of section 18 by virtue of his
or her office;
(c) not more than two senior managers of the National Metrology Institute ll
appointed by the Minister as executive members of the Board.
(2) When appointing the members of the Board contemplated in subsection (l)(a), the
Minister must ensure that those members—
(a) are broadly representative of the demographics of the country including with
regard to gender and disability; and 1:
(b) have sufficient knowledge, experience or qualifications relating to the
functions of the National Metrology Institute.
(3) The chairperson of the Board must be selected by the members contemplated in
subsection (l)(a) from amongst their number at the first meeting of the newly appointed
Board and the selection must be approved by the Minister. 2(
Term of office of members of Board
11.
(1) Non-executive members of the Board hold office for a period not exceeding
five years and are eligible for re-appointment for one further term only.
(2) A person appointed to fill a vacancy holds office for the remaining portion of the
term of the vacating member. 2!
(3) A member may resign by giving at least one month's written notice.
Disqualification of members of Board
12.
(1) A person may not be appointed or continue to serve as a member of
the
Board
if that person—
(a) is an unrehabilitated insolvent; 3(
(b) has at any time been convicted of an offence involving dishonesty;
(c) has, as a result of improper conduct, been removed from an office of trust; or
(d) has been declared by a court to be mentally ill or unfit.
(2) A member of the Board must vacate his or her office if
the
member is absent from
three consecutive meetings of the Board without the prior leave of the chairperson. 3:
(3) The Minister may, at any time, after consulting the Board, terminate the term of
office of any member of the Board if there are good reasons for doing so.
Conditions of appointment of members of Board
13.
(1) The conditions of appointment of members of the Board who are not employed
by an organ of state are determined by the Minister. 4(
(2) The conditions of appointment may include remuneration and allowances payable
to the members of the Board as determined by the Minister after consultation with the
Minister of Finance.
Act No. 18,2006 MEASUREMENT UNITS AND MEASUREMENT
STANDARDS ACT, 2006
(3) Members who are employed by an organ of state are not entitled to remuneration
and allowances but must be reimbursed by the National Metrology Institute for out of
pocket expenses.
(4) Non-executive members of the Board are appointed part time.
Meetings of Board
14.
(1) The Board must meet at least four times a year.
(2) The first meeting of the Board is held at the time and place determined by the
Minister.
(3) The chairperson of the Board decides when and where the Board will meet, but a
majority of Board members may request the chairperson in writing to convene a meeting
at a time set out in the request.
(4) If the chairperson is absent from a meeting, the Board may elect another member
to preside at that meeting.
Quorum and decisions of Board
15.
(1) The majority of the members of the Board constitute a quorum for a meeting
of the Board.
(2) Decisions of the Board require the supporting vote of a majority of the members
present at the meeting.
(3) The Board must keep minutes of its proceedings and decisions.
(4) The Board may, by resolution, make rules to further regulate its proceedings.
Committees of Board
16.
(1) The Board may form committees to enable it to perform its functions.
(2) The Board must determine the composition, rules and procedures of committees
established in terms of this section.
(3) The Board may from time to time dissolve or reconstitute a committee.
Consultative forum
17.
(1) The Board must establish a consultative forum with representatives of
organisations who have an interest in the matters contemplated in sections 2, 5 and 6.
(2) The forum must advise the Board on—
(a) matters in respect of which the National Metrology Institute could play a role;
(b) any other matter on which the Board requests advice.
(3) The Board must adopt a constitution and, if necessary, rules for the forum.
CHAPTER 6
EXECUTIVE MANAGEMENT
Appointment of Chief Executive Officer
18.
(1) The Board, after consulting the Minister, must appoint a suitably qualified
person as Chief Executive Officer.
(2) The Chief Executive Officer is an employee of the National Metrology Institute
and is accountable to the Board.
(3) The Chief Executive Officer is responsible for the efficient management of the
National Metrology Institute and must perform any function delegated to him or her by
the Board.
(4) The Chief Executive Officer holds office for an agreed term not exceeding five
years and may be reappointed upon the expiry of that term of office.
Act No. 18, 2006 MEASUREMENT UNITS AND MEASUREMENT
STANDARDS ACT, 2006
(5)
If
the
Chief Executive Officer
is unable to
fulfil
his or
her functions,
the
Board
may
appoint an acting Chief Executive Officer to exercise the powers and perform the
functions of
the
Chief Executive Officer.
Employment contract and performance agreement
19.
(1) The employment contract of the Chief Executive Officer must be in writing
and must incorporate in an appropriate form the provisions of section 57 of the Public
Finance Management Act.
(2) The Board and the Chief Executive Officer must conclude a performance
agreement for the Chief Executive Officer.
(3) The performance agreement must include—
(a) measurable performance objectives and
targets
that must
be
met,
and
the
time
frames within which those performance objectives and targets must be met;
(b) standards and procedures for evaluating performance and intervals for
evaluation; and
(c) the consequences of substandard performance.
Appointment of staff
20.
The Chief Executive Officer, after consulting the Board, may—
(a) appoint staff to assist the National Metrology Institute in carrying out its
functions; and
(b) determine the remuneration, allowances, benefits and other terms and
conditions of appointment of
members
of staff
taking
into account the Public
Service Act, 1994 (Proclamation
No.
103 of 1994).
Services of non-employees
21.
The National Metrology Institute may enter into
a
contract with any person other
than an employee to perform any of its functions for and on behalf of the National
Metrology Institute.
Delegation
22.
(1) The Board may delegate any of
its
functions to the Chief
Executive
Officer in
accordance with this section.
(2) The Chief Executive Officer may delegate functions entrusted to the Chief
Executive Officer under this Act to—
(a) any other
person
with appropriate knowledge and experience
who is
under the
control of
the
Chief Executive Officer; or
(b) any other person, after consulting the Board.
(3)
A
delegation under subsection (1) or (2) must be in writing and—
(a) may be subject to any conditions or restrictions determined by the Board or
the Chief Executive Officer;
(b) does not prevent the exercise of any power by the Board or the Chief
Executive Officer; and
(c) may be withdrawn or amended by the Board or the Chief Executive Officer.
CHAPTER 7
FINANCIAL MANAGEMENT
Funds and investments
23.
(1) The funds of
the
National Metrology Institute consist of—
(a) money that is appropriated by Parliament for that purpose;
(b) income derived by the National Metrology Institute from its services or
products;
Act No. 18,2006 MEASUREMENT UNITS AND MEASUREMENT
STANDARDS ACT, 2006
(c) income derived
by the
National Metrology Institute
from
its
investments;
and
(d) money received from any other source.
(2) The National Metrology Institute may invest any of its funds not immediately
required—
(a) subject to any investment policy that may be prescribed in terms of section
7(4) of
the
Public Finance Management
Act;
and
(b) in such manner as may be approved by the Minister.
Financial year and accounting
24.
The financial year of
the
National Metrology Institute is from
1
April in any year
to 31 March in the following year, except that the first financial year of the National
Metrology Institute begins
on the date that this Act comes
into operation,
and ends
on 31
March next following that date.
CHAPTER 8
GENERAL PROVISIONS
Offences
25.
(1) Any person who knowingly—
(a) makes
or
assist
in
making
a
report,
return, notice or any other document to be
sent to any other person, as required by this Act, that contains an untrue
statement of a material fact; or
(b) omits to state
a
material fact
on
any of
the
documents referred
to
in paragraph
(a)
that will be sent to any other person, as required by this Act; or
(c) misrepresents data or the symbol of
the
National Metrology Institute,
is guilty of an offence.
(2) A person convicted of an offence under this section is liable to a fine or to
imprisonment for a period not exceeding 24 months or to both a fine and such
imprisonment.
Regulations
26.
The Minister may make regulations regarding any ancillary or incidental
administrative
or
procedural matter that it
is
necessary or expedient to prescribe for the
proper implementation or administration of this Act.
Repeal of laws
27.
Subject to section
28,
the laws referred to in the second column of
the
Schedule
are hereby repealed to the extent indicated in the third column of the Schedule.
Transitional provisions
28.
(1) For the purposes of
this
section "effective date" means the date on which the
National Metrology Institute is established as
a juristic
person.
(2) As from the effective date—
(a) all
rights,
obligations, assets and liabilities acquired or incurred by the CSIR
National Metrology Laboratory vest in the National Metrology Institute;
(b) all employees of
the
CSIR National Metrology Laboratory are transferred to
the
National Metrology Institute as if
section 197
of
the
Labour
Relations
Act,
1995 (Act
No.
66 of
1995),
applies;
(c) all notices, designations and certificates issued in terms of the Measuring
Units and National
Measuring Standards
Act,
1973 (Act
No.
76
of
1973),
must
be regarded as having been issued in terms of this Act; and
Act No. 18,2006 MEASUREMENT UNITS AND MEASUREMENT
STANDARDS ACT, 2006
(d) all regulations made
in
terms of
the
Measuring Units and National Measuring
Standards Act, 1973 (Act
No.
76 of 1973), must be regarded as having been
made in terms of
this
Act.
Short title and commencement
29.
This Act
is called the Measurement
Units
and Measurement Standards
Act,
2006,
and comes into operation on a date to be fixed by the President by proclamation in the
Gazette.
Act No. 18, 2006 MEASUREMENT UNITS AND MEASUREMENT
STANDARDS ACT, 2006
SCHEDULE
(Section 27)
No.
and Year Short Title Extent of Repeal
of Law
Act No. 76 of 1973 Measuring Units and National The whole
Measuring Standards Act, 1973
Act No. 46 of 1988 Scientific Research Council Section 4(3)
Act, 1988
Act No. 24 of 1998 Measuring Units and National The whole
Measuring Standards Amend-
ment Act, 1998
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