DRAFT 3
(As on 25/5/98)
AMENDMENTS AGREED TO
ATTORNEYS AMENDMENT BILL [B7-98]

CLAUSE 1
1. On page 4, from line 17, to omit "in so far as such investment is governed by any other law".

OPTION 1
CLAUSE 1

1. On page 4, after line 18, to insert the following subsections:

(7) A practitioner who has been instructed to invest money as contemplated in subsection (4) shall, as soon as practicable after he or she has received such instruction but prior to the receipt of the money to be invested, notify the person giving the instruction of the provisions of section 47(1) (g) in the form and manner prescribed by the board of control in terms of subsection (8).

(8) For the purposes of subsection (7), the board of control shall issue directives prescribing the form and manner in which a notice referred to in that subsection shall be given and may from time to time review and, if necessary, revise such directives.

(9) Any practitioner who contravenes subsection (7) shall be guilty of an offence and on conviction be liable to a fine or imprisonment for a period not exceeding two years.

(10) Pending the issuing of the directives contemplated in subsection (8), a notice referred to in subsection (7) shall-
(a) be drawn up by the practitioner;
(b) be signed by both the practitioner and the person giving the instruction; and
(c) contain a written acknowledgment by such person to the effect that he or she-
(i) has been informed by the practitioner concerned of the provisions of
section 47(1)(g) and that he or she understands the effect thereof; and
(ii) admits that the fund shall not be liable in respect of any loss suffered by him or her as a result of theft such money.

CLAUSE 3
1. On page 4, in line 48, to omit "5(1)" and to insert "6(1)".

OPTION 2
(As proposed by the Fund)

NEW CLAUSE
1. That the following be a new Clause to follow Clause 3:

Amendment of section 83 of Act 53 of 1979, as amended by section 5 of Act 60 of 1982, section 30 of Act 87 of 1989 and section 1 of Act 49 of 1996

4. Section 83 of the Attorneys Act, 1979, is hereby amended by the addition of the following subsection:
"(15) Any practitioner receiving money in circumstances contemplated in section 47(4) and who fails upon receipt of such money to furnish the depositor with a notice in such form as may be determined by the board of control from time to time, warning such person that in terms of the provisions of section 47(1)(g) the Fund shall not be liable in respect of any loss suffered consequent upon the theft of such money, shall be guilty of an offence and on conviction liable to a fine not exceeding R25 000.".

ALTERNATIVE WORDING
(As proposed by Department)
"(15) Any practitioner receiving money in circumstances contemplated in section 47(4) who fails upon receipt of such money to furnish the depositor with a notice in such form as may be determined and notified to all practitioners by the board of control from time to time, warning the depositor that in terms of the provisions of section 47(1) (g) the Fund shall not be liable in respect of any loss suffered consequent upon the theft of such money, shall be guilty of an offence and on conviction liable to a fine or imprisonment for a period not exceeding two years.".

CLAUSE 3
1. On page 4, in line 51, to omit "and".

NEW CLAUSE
1. That the following be a new Clause to follow Clause 3.
Amendment of section 62 of Act 53 of 1979

4. Section 62 of the principal Act is hereby amended by the addition of the following paragraph, the existing subsection becoming paragraph (a):

"(b) Whenever a vacancy arises as a result of the increasing of the number of members of any council, the council may appoint a member of the society to fill the vacancy.