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GOLD TRADE ACT(CHAPTER 21:03)

GOLD TRADE ACT

Acts 19/1940, 40/1952, 12/1954, 25/1956 (s. 15), 14/1962 (s. 2), 19/1963 (s. 12), 10/1964, 31/1964, 18/1965 (s. 32), 6/1967 (s. 15), 11/1968 (s. 17), 39/1973 (s. 15), 6/1978, 31/1983 (s. 11), 22/1992 (s. 8), 22/2001 (s. 4), 12/2006 (s. 45); R.G.N.s. 217/1970, 811/1972.

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title.

PART II

DEALING IN AND POSSESSION OFGOLD

  1. Prohibition of dealing in or possession of gold.
  2. Authorized person may only deal with authorized person.
  3. Miners may only deal in and possess gold won from their own locations.
  4. Disposal of gold by persons authorized to possess gold.
  5. Lawful possession of gold by licence and permit holders.
  6. Register of transactions to be kept by licensees.
  7. Possession of gold not shown in register of permit holder.
  8. Transmission of gold by post.
  9. Malicious placing of gold.
  10. Smelting of jewellery.

PART III

LICENCES AND PERMITS

  1. Classification of licences.
  2. Dealings authorized by various licences.
  3. Form for licences.
  4. Authority for issue of licences.
  5. Issuer of licences.
  6. Date of expiry of licences.
  7. Fees for licences.
  8. Permits to deal in or possess gold.
  9. Cancellation of licences.
  10. Revocation of permits.

PART IV

GENERAL

  1. Disabilities entailed by a trader on conviction.
  2. Person convicted may not enter mining location.
  3. Production of licences and permits.
  4. False statements.
  5. Procedure on confiscation of gold.
  6. Gold, ownership of which is unknown.
  7. Powers of entry and search by police.
  8. Offences and penalties.

AN ACT to prohibit the possession of gold by unauthorized persons and to regulate dealings in gold, and for other purposes connected with the foregoing.

[Date of commencement: 1st September, 1940.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Gold Trade Act [Chapter 21:03].

                       2    Interpretation

In this Act—

“deal”, in relation to gold, means buy, sell, barter, pledge, exchange, give or receive, or offer or expose for sale, barter, pledge or exchange, or have any other dealing or transaction whatever;

“gold” means any unmanufactured gold in any form whatsoever, or any article or substance containing such unmanufactured gold, or any article consisting of or containing gold which, although manufactured, is, as such, not an article of commerce or a work of art or an article of archaeological interest, and includes gold derived from the smelting or treatment of any manufactured article containing gold;

“holder”, in relation to a registered mining location, means the person in whose name such location is registered with the mining commissioner or with the Secretary and, in the case of a deceased person or of a company in liquidation or of any person under a legal disability, means the executor, administrator, liquidator, trustee, tutor, curator or other person who has the administration or control of the property of the person in whose name such location is registered;

“licence” means a licence issued in terms of this Act;

“mining location” means a mining location registered in terms of the Mines and Minerals Act [Chapter 21:05];

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

“permit” means a permit issued in terms of this Act;

“postal article” includes any letter, postcard, printed paper, newspaper, commercial paper, pattern, sample, parcel or other article whatsoever in the course of transmission by post; “Secretary” means the Secretary of the Ministry for which the Minister is responsible; “tributor” means the lessee or assignee of the rights of a holder.

PART II

DEALING IN AND POSSESSION OFGOLD

                       3     Prohibition of dealing in or possession of gold

(1) No person shall, either as principal or agent, deal in or possess gold, unless— (a) he is the holder of a licence or permit; or

  • he is a holder or tributor; or
  • he is the holder of an authority, grant or permit issued under the Mines and Minerals Act [Chapter 21:05] authorizing him to work an alluvial gold deposit; or

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