(e)
has a beneficial interest, in any manner or of any nature
whatsoever, in any goods so exported or to be so exported;
(f)
acts on behalf of any person referred to in paragraph (a), (b),
(c), (d) or (e) of this definition,
and, in relation to imported goods destined for exportation from the
Republic, includes the manufacturer, producer, maker, supplier or
shipper of those goods or any person inside or outside the Republic
representing or acting on behalf of such a manufacturer, producer,
maker, supplier or shipper. 'Export' and 'exportation' will be construed
in accordance with the preceding provisions of this definition;
'importer' includes any person who, at the relevant time(a)
is the owner or is in control or possession of any goods
imported or to be imported into the Republic;
(b)
carries the risk for any goods so imported or to be so imported;
(c)
represents that or acts as if he or she is the importer or owner
of any goods so imported or to be so imported;
(d)
actually brings or attempts to bring any goods into the
Republic;
(e)
has a beneficial interest, in any manner or of any nature
whatsoever, in any goods so imported or to be so imported;
(f)
acts on behalf of any person referred to in paragraph (a), (b),
(c), (d) or (e) of this definition,
and 'import' and 'importation' will be construed accordingly;
'inspector' means any person who under or by virtue of section 22
has been appointed as or designated to be an inspector for the
purposes of this Act, as well as(a)
any police official as defined in section 1 (1) of the Criminal
Procedure Act, 1977 (Act 51 of 1977), holding the rank of
sergeant or a higher rank;
(b)
the Commissioner for Customs and Excise and any official
contemplated in section 15 (9), in performing their functions in
the circumstances contemplated in section 15 (4);
'intellectual property right'(a)
means the rights in respect of a trade mark conferred by the
Trade Marks Act, 1993 (Act 194 of 1993), and includes rights
in respect of a trade mark contemplated in section 35 of that
Act;
[Para. (a) substituted by s. 1 of Act 25 of 2001.]