Accreditation Conformity Assessment Bill; Measurement Units & Measurement Standards Bill: deliberations

TRADE & INDUSTRY PORTFOLIO COMMITTEE
11 October 2006
ACCREDITATION CONFORMITY ASSESSMENT BILL; MEASUREMENT UNITS AND MEASUREMENT STANDARDS BILL: DELIBERATIONS

Chairperson: Dr B Martins (ANC)

Documents handed out:
Proposed amendments to Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Bill
Proposed amendments to Measurement Units and Measurement Standards Bill
Measurement Units and Measurement Standards Bill [B21-2006]

SUMMARY
The Department of Trade and Industry took the Committee through some proposed changes to the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice and the Measurement Units and Measurement Standards Bills. The Committee will vote on the bills once these changes and been incorporated into them.

MINUTES
Proposed amendments to Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Bill
Mr Johan Strydom, the Department of Trade and Industry’s (DTI’s) Senior Legal Advisor, went through the proposed changes to this Bill.

Clause 5, subsection (2) was changed to subsection (3). In line 44, “(3)” was omitted and replaced with “(4).” In line 47 subsection (3) was changed to subsection (4) and “(2)” was omitted and replaced with “(3).” In line 49 subsection (4) was changed to (2).

In line 3 on page 7 of clause 8 “population of the Republic” was omitted and replaced with “demographics of the country including with regard to gender and disability". Paragraph (a) of clause 10 in line 20 on page 7 was deleted to allow the South African National Accreditation System (SANAS) to employ foreigners on its Board. This was to allow SANAS to keep bench-marking itself against international norms and to let people from other countries learn from South Africa as well.

All of the words after “Minister” up to and including “Finance” in line 32 were deleted from line 31 on page 7 in clause 11. In line 34, “to the members of the Board as determined by the Minister after consultation with the Minister of Finance” was inserted after “SANAS.” A new subsection was also added after line 36: “(4) Non-executive members of the Board are appointed part time.”

In line 9 on page 9 in clause 18, “specific act or function” was omitted and replaced with “of its functions for and on behalf of SANAS.” That is, the relationship would be one of agency with SANAS being the principal. In line 38 in clause 21, after “operation,” “and ends on 31 March next following that date” was inserted.

In clause 27, all of the words after “offence” were deleted from line 52 on page 10. Also “section 24(1) or (2) or 28” was deleted and replaced with “this section, section 24 or section 28.” 

Another change was in the definition of a ‘verification laboratory.’ It was going to read:
“A verification laboratory means a body designated in terms of 7(2) of the Trade Metrology Act of 1973 to verify measurement instruments that are used in terms of the aforesaid Act in order to ensure that they comply with all statutory requirements referring to such instruments as defined and provided for in that  Act.”

Proposed amendments to Measurement Units and Measurement Standards Bill
Mr Strydom said that subsection (4) was deleted from line 40 on page 5 in clause 5 and replaced with “(4) For the purposes of this section ‘calibration laboratory’ has the meaning ascribed to it in section 1 of the Conformity Assessment, Calibration and Good Laboratory Practice.

Ms F Mohamed said that it would be better if the full definition of ‘calibration laboratory’ was written out to reduce cross referencing with other Bills which could lead to confusion. The other Members agreed with this suggestion.

Mr Strydom continued and said that “Board” was deleted from line 19 on page 8 in clause 13 and replaced with “National Metrology Institute.” In clause 19, after line 21 on page 9, the following new subsection was added:
“(3) The performance agreement must include –
measurable performance objectives and targets that must me met, and the times frames    within which those performance objectives and targets must be met.
standards and procedures for evaluating performance and intervals for evaluation; and
the consequences of substandard performance.”

This change was necessary to have conformity between the two Bills.

From line 23 on page 10 in clause 25, subsection (1) was deleted for conformity with the other Bill. The following offence was added after line 34: “(c) misrepresents data or the symbol of the National Metrology Institute.”

The Committee agreed to the proposals in principle but said that they would only read out the Motion of Desirability once the changes had been incorporated into a clean Bill.



The meeting was adjourned.