Section 15 (SDL) – Appointment of inspectors

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15     Appointment of inspectors


(1)     A labour inspector appointed in terms of section 63 of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997), is regarded to be an inspector for the purposes of this Act in so far as it relates to the collection of levies by a SETA or its approved body.


(2)     The Director-General must, by a signed certificate, designate any person appointed in the prescribed manner and against the prescribed criteria as an agent of a SETA or its approved body as an inspector for the purposes of this Act in so far as it relates to the collection of levies by the SETA or approved body, as the case may be.


(3)     An inspector has the same powers afforded to a senior SARS official, a SARS official or SARS under Chapter 5 of the Tax Administration Act.

[Subsection (3) added by section 271 read with paragraph 155 of Schedule 1 of Act 28 of 2011]

16     . . . . . .

[Section 16 repealed by section 271 read with paragraph 156 of Schedule 1 of Act 28 of 2011]


17     . . . . . .

[Section 17 repealed by section 271 read with paragraph 156 of Schedule 1 of Act 28 of 2011]

Section 18 (SDL) – Co-operation with inspectors

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18      Co-operation with inspectors

 

(1)     Any person who is questioned by an inspector referred to in section 15 must answer all relevant questions lawfully put to that person, truthfully and to the best of his or her ability.

 

(2)     An employer must provide any facility and assistance at his or her premises that is reasonably required by an inspector to perform his or her functions effectively.

Section 19 (SDL) – Undertakings and compliance orders

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19             Undertakings and compliance orders


Sections 68 to 73 of the Basic Conditions of Employment Act, 1997 (Act 75 of 1997), apply, with the changes required by the context, to—


(a)     the monitoring and enforcement of this Act in so far as it relates to the collection of levies by a SETA or its approved body; and


(b)     any legal proceedings concerning a contravention of this Act,


in so far as it relates to the collection of levies by a SETA or its approved body.


CHAPTER 3
GENERAL PROVISIONS

20      . . . . . .

[Section 20 repealed by section 271 read with paragraph 156 of Schedule 1 of Act 28 of 2011]


21      . . . . . .

[Section 21 repealed by section 271 read with paragraph 156 of Schedule 1 of Act 28 of 2011]

Schedule (SDL) – Amendment of Skills Development Act

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Schedule
AMENDMENT OF SKILLS DEVELOPMENT ACT

(Section 23)


1       Amends section 1 of the Skills Development Act 97 of 1998, by substituting the definitions of “Skills Development Levies Act” and “skills development levies”.


2       Amends section 2(2)(a) of the Skills Development Act 97 of 1998, by substituting the expression “levy-financing” for the expression “levy-grant” in subparagraph (iii).


3       Amends section 10 of the Skills Development Act 97 of 1998, as follows: paragraph (a) substitutes subsection (1)(f); paragraph (b) substitutes subsection (1)(k); paragraph (c) substitutes subsection (2)(b); and paragraph (d) substitutes subsection (3).


4       Amends section 14 of the Skills Development Act 97 of 1998, as follows: paragraph (a) substitutes subsection (1)(a) and paragraph (b) deletes subsection (2)(c).


5       Amends section 27(2) of the Skills Development Act 97 of 1998, by substituting paragraphs (a) and (b).


6       Amends section 30 of the Skills Development Act 97 of 1998, by substituting paragraph (a).


7       Inserts section 30A in the Skills Development Act 97 of 1998.


8       Amends item 10(2) of Schedule 2 of the Skills Development Act 97 of 1998, by deleting paragraph (b).


9        Amends item 14 of Schedule 2 of the Skills Development Act 97 of 1998, by substituting subitem (3).


10      Amends the long title of the Skills Development Act 97 of 1998, by substituting the expression “levy-financing” for the expression “levy-grant”.