Copper Control Act [Chapter 14:06]

Chapter 14:06

Copper Control Act

Acts 36/1962, 48/1963, 6/1967 (s. 15), 40/1976, 22/2001 (s. 4); R.G.N.s 214/1964, 217/1970, 59/1974

ARRANGEMENT OF SECTIONS

Section

1. Short title.
3. Prohibition against dealing in copper without licence.
4. Dealer’s licence.
5. Register of transactions.
6. Prohibition against sale or purchase of copper.
7. Restriction of hours during which copper may be purchased.
8. Dealer to keep copper for four days.
9. Dealer to account for possession of stolen copper.
10. Failure to give satisfactory account of possession of copper.
11. Absence of reasonable cause for believing copper properly acquired.
12. Cancellation of licence.
13. Penalty and confiscation.

AN ACT to provide for the licensing of dealers in copper and to regulate the business of such dealers; to control the sale of copper; to make further provision for the suppression of the theft of copper; and for other matters connected with and incidental to the foregoing.

[Date of commencement: 5th October, 1962.]

1    Short title

This Act may be cited as the Copper Control Act [Chapter 14:06].

                       2    Interpretation

• In this Act—

“copper” means—

(a)   electrolytic copper which has been drawn into the form of a cord, flat or cylindrical in shape; (b)         any copper conductor, section or tubing;

(c)   any article or product containing copper which, under subsection (2), is declared to be copper for the purposes of this Act;

and includes any such electrolytic copper, copper conductor, section or tubing, article or product which is old or second-hand or has been subjected to smelting or other treatment;

“dealer” means any person whose trade or business is that of a scrap metal dealer and who purchases or sells any copper;

“licence” means a dealer’s licence issued in terms of section four;

“Minister” means the Minister of Home Affairs or any other Minister to whom the President may, from time to time, assign the administration of this Act;

“purchase” includes barter or exchange;

“sell” means sell, barter, exchange, hawk, offer or expose for sale.

• The President may, by notice in a statutory instrument, declare any article or product containing copper to be copper for the purposes of this Act.

                       3     Prohibition against dealing in copper without licence

Any person who carries on trade or business as a dealer otherwise than as the holder of a licence shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

[Section as amended by section 4 of Act 22 of 2001]

                       4    Dealer’s licence

• A licence, in such form as may be prescribed, may be issued by the Minister in his discretion, upon application made in writing in such form as may be prescribed, and such licence shall entitle the holder thereof to carry on the trade or business of a dealer upon the premises specified in the licence:

Provided that nothing in this section contained shall be construed as exempting the holder of such licence from compliance with any other law relating to business and other licences.

• A licence shall be valid for one year from the date on which it is issued.
• A fee of an amount fixed by Parliament shall be paid for each licence.
• No person shall transfer a licence to any other person and no person, except the person to whom it is issued, shall make use of such licence.
• Any person who contravenes subsection (4) shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.

[Subsection as amended by section 4 of Act 22 of 2001]

                       5    Register of transactions

• Every dealer shall provide and keep or cause to be kept a register consisting of one or more books (hereinafter referred to as the register) of all transactions relative to his business as such a dealer and every person who is or has been a dealer shall retain such register for a period of three years after the date of the last entry therein.
• There shall be entered in the register—

(a) in the case of any copper purchased or otherwise acquired by the dealer concerned—

• the nature and weight of such copper;
• the date and time of the delivery thereof to him or his agent or employee, and where the purchase or acquisition was effected by, or delivery was made to, an agent or employee of such dealer, the name of such agent or employee;
• the name and address of the person from whom such copper was purchased or acquired; (b) in the case of any copper sold or otherwise disposed of by the dealer concerned—
• the nature and weight of such copper;
• the date on which and the name and address of the person to whom such copper was sold or otherwise disposed of;

(c) such other particulars, if any, as may be prescribed.

• Every entry in the register shall be made within twenty-four hours after the transaction to which it relates.
• Every dealer shall on demand allow any police officer to enter his place of business and to inspect the register and any books of account relating to transactions in copper kept by such dealer.
• Any person who—
• contravenes any provision of this section; or
• knowingly makes any false entry in the register; or
• gives to a dealer or to any person employed by such dealer, any false particulars concerning his name or address;

shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

[Subsection as amended by section 4 of Act 22 of 2001]

(6) Every entry in the register kept by a dealer shall be deemed, unless the contrary is proved, to have been made by or under the authority of such dealer.