Space Affairs Amendment Act

6 October l99S. No. 1530. ,. : .. 6 Oktober 1995 VoL. 364 No. 1530. It is hereby notified that the President has assented to the following Act which is hereby published for general . infor- · mation:- · · · Hierby word bekend. gemaak dat die President sy goed keuring geheg het aan die onderstaande Wet wat hierby ter algemene inligting gepubliseer word:- No. 64 of 1995: Space Affairs Amendment Act, 1995. No. 64 van 1995: Wysigingswet op Ruimte-aangeleenthede, 1995. 2 No. 16734 Act No. 64, 1995 . . GOVERNMENT GAZETTE, 6 OCTOBER 1995 SPACE AFFAIR.S AMf:ND~ENT ~CT; 19?5 GENERAU EXPLANATORY NOTE: · [ Words in bold type in square brackets indiCate ·omissions froni · existing enactments. .. · Words underlined with a solid line indicate insertions in existing enactments. ACT To amend the Space Affairs Act, 1993, so as to make provision for the appointment of a vice-chairperson to the South African Council for Space Affairs; and to make further provision for the delegation of certain powers and duties; and to delete an obsolete provision; and to provide for matters connected therewith. (English text signed by the President.) (Assented to 28 September 1995.) BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:- Ame~dme~t of ~ection (; of Act 84 of 1993

1. Section 6 of the Space Affairs Act, 1993 (hereinafter referred to as the principal Act), is hereby amended by the substitution for paragraph (a) of the following paragraph: 5 .. (a) a [chairman] chairperson and vice-chairperson, who, in the opinion of the Minister, shall be [a person] persons with applicable knowledge or experience. relating to .m&tters . connected with the .objects .of.Jhe . ·Council;". · · · · · ·· · · . · 10 ' Amendment of section 7 ofAct~84.of1993

2. Section 7 of the principai.A~t i~ h~re6y ·~~~d~~ by ·the substitution for subsection (3) of the following subsection: . . . . . . .. -•'(3) . If the . chai!i>erson . is ·absent. 't'rom ... a meeting of the -council, th·e--· .. 'vice-chaiperson shall preside at that meeting, and if both the [chairman is] · 15 chairperson and vice-chairperson are absent from a meeting of the. Council, the members present shall elect one of their members to preside at that meeting.". . . . . .. ·.. . . . . . . . . . . . ~ , ) . Substitution of section 16 of Act 84 of 1993 •. ; . t J'. ' .• • ·, • • • · / •• . • .• ••. ' · .· ;· ... , ; :, .... :I ~ 3: The foiiowing · s~ctioh As ~~i;by,:siib~tituted for:sectiori 16: of the ,pri~cipill Act: ' , · "Appeal t9 Minister :. 20 16. (I) Any person who is aggrieved at any decision of the Council or its delegate under this Act, may appeal to the Minister, who may confirm, amend or set aside the decision of the Council or its delegate. 4 No. 16734 Act No. 64, 1995 GOVERNMENT GAZE'ITE, 6 OCfOBER 1995 · SPACE AFFAIRS AMENDMENT ACf, 1995 (2) A decision of the Council or its delegate to suspend or revoke a licence shall not be suspended pending the result of an appeal under subsection (1) against that ' (3) A decision by the Minister with regard to an appeal shall for all purposes be · · · ' · · · · · · ' decision. deemed to be a decision of the Council or its delegate.". 5 Substitution of section 17 of Act 84 of 1993

4. The following section is hereby substituted for section 17 of the principal Act: "Revision by court of law 17. (1) Notwithstanding the provisions of section 16, any person whose interests are affected by a decision of the Council or its delegate may, within 30 days after he or she became aware of such decision, request the Council or its delegate in writing to furnish in writing reasons for that decision within 30 days after receiving' such a request. I 0 (2) Within 30 days after having been furnished with reasons in terms of subsection (1), or after the expiration of the period within which reasons 15 had to be furnished by the Council or its delegate, the person concerned · may apply to a division of the Supreme Court having jurisdiction, to review the decision.". · · Amendment of section 18 of Act 84 of 1993

5. Section 18 of the principal Act is hereby amended- 20 (a) by the substitution for subsection (l) of the following subsection: "(1) The Minister may, subject to such conditions as he or she may . impose in writing, delegate or assign to the [chairman] chairperson, vice-chairperson or a member of the Council or a committee established under section 8, or to any officer or employee of the Department, any 25 power or duty conferred or imposed upon the Minister by or under this . Act, except a power or duty referred to in sections 16 and 22."; (b) by the substitution in subsection (3) for the words preceding paragraph (a) of the following words: · · . "The [chairman] chairperson of the Council may, subject to such 30 conditions as he or she may determine·, in writing delegate or assign to the vice-chairperSOil"''r any member of the Council or to any officer or 'employee designated under section 6(7), any poweJ," or duty-"; . (c) by the insertion after subsection (3) of the following subsections: " 3A The vice-chai erson of the Council rna , sub· ect to such 35 conditions as he or she may determine, in writing delegate or assign to any member of the Council or to any officer or employee designated under section 6(7), any power or duty- ( a) conferred or imposed upon him or her by this Act; or (b) delegated or assigned to him or her under subsection (1) or (3), 40 unless the Minister or the chairperson of the Council, as the case may be, has in his or her delegation or assignment deterinined otherwise. . · · · ·· (3B) The Council may, subject tosuch conditions as it may determine, in writing delegate or assign to any member of the Council, a committee 45 established under section 8 or any officer or employee designated under section 6(7), any power or duty conferred or imposed upon it by this Act. (3C) A committee established under section 8 may, subject to such conditions as it may determine, in· writing delegate or assign to any officer or employee designated in terms of section 6(7), any power or 50 duty- (a) conferred or imposed upon it by this Act; or. (b) delegated or assigned to it under subsection (1)or(3B), unless the Minister or the Council, as the case may be, has in his, her or its delegation or assignment determined otherwise."; and 55 .. , · . . ' ·· 6 No.-16734 Act No. 64, 1995 GOVERNMENT GAZETIE, 6 OCI'OBER 1995 : •. SPACE AFFAIRS AMENDMENT ACT,. 1995 , • ~. (d)· by the substitution for subsection (4) of the following subsection: ·. : .· .. : . ~ · :'(4):The Minister, Director-General, [or chairman] chairperson or vice-chairperson of the.Council, the Council or a committee established · , . under section 8 shall notbe.diyested of any power or exempted from any duty delegated or assigned by him, her or it, and may amend or set aside : 5 any decision taken by a person in the exercise or performance of such power or duty delegated ~r.~ss.igne~ toh~m;her or it.",.. . ;.;.. . : , .· Rep~al o,f section 2.5. of Act ~4- ~p9~3

6. Section 25 of the principal Act is hereby repeal~~·:,;. ;. ··: Substitution of word · . , . . · '" · · · : _· ; I' •. ·, ., _,, 10 7~Tii~'j,ri~cipat Ac~ is herebyamettd6rlby ili~:s~b~·~it~tion fodbe word "chairman", wherever it occurs, of ·the word "chairj,ersori''.' ; ! i ': ' ,. . ! . • , . ' ; l ~ . • . • t ' ; I • Short title :.:_ s. ~This' Act shall be c·alled the Space Affairs Am~ndm~nt Act, 1995: '·• ! i ~ -. - • : . i . · ' • . , , ' ' . - : . , ·, . • ' . < . . . ' . : ··: ' . , .. ' ' ,' :' ,,; ~ -~ ~ I ' ! _.; . :, ' i .