it is desirable that in order that the purpose of the provisions of this Act
which relate to the disclosure of the place or country in which goods
have been manufactured or produced may be attained, disclosure be
made concerning such goods of the facts referred to in paragraph (a)
or (b), he may by notice in the Gazette prohibit the importation into or
the sale in the Republic of such goods, unless there is applied to them
in a conspicuous manner words specified in the notice making
disclosure of the facts referred to concerning such goods.
[Sub-s. (1) amended by s. 18 of Act 38 of 1997.]
12.
13.
(2)
The Minister may if he is satisfied that the circumstances require it, by
notice in the Gazette withdraw, amend or qualify any notice issued in
terms of subsection (1).
(3)
Any person who contravenes any such prohibition shall be guilty of an
offence.
Certain provisions not to apply to trade descriptions applied to certain
goods at commencement of Act
(1)
If at the commencement of this Act a trade description is lawfully and
generally applied to goods of a particular class or manufactured by a
particular method, to indicate that class or method, the provisions of
this Act as to false trade descriptions shall not, subject to the
provisions of this section, apply to that trade description when so
applied.
(2)
If a trade description includes the name of a place or country and is
likely to lead to the belief that the goods to which it is applied were
made or produced in that place or country the qualification set forth in
subsection (1) shall not apply to that trade description.
(3)
The Minister may, after such investigation as he may think fit, by
notice in the Gazette declare that a trade description mentioned in the
notice is or is not a trade description to which the qualification set forth
by subsection (1) applies, and thereafter, unless the notice has been
withdrawn in terms of subsection (5), that trade description shall be
deemed to be or not to be (as the case may be) a trade description to
which the said qualification applies.
(4)
The Minister may, by notice in the Gazette, if he is satisfied at any
time that the circumstances require it, suspend the operation of either
section eight or nine or of both or exempt for such period as he may
deem necessary any goods or class of goods from the operation of
either or both of these sections.
(5)
The Minister may, if he is satisfied that the circumstances require it, by
notice in the Gazette withdraw any notice issued in terms of
subsection (3) or (4).
Affording of opportunity
representations
to
interested
persons
to
submit