Overview of dti legislation passed since 1999 Ad-hoc committee on Trade & Industry Cape Town 02 June 2004

1999 legislative agenda LegislationObjectsImpact Harmful Business Practices Amendment Act Harmonize with provincial laws; insert and amend definitions; provide for an executive committee; additional powers for investigators; provide for appeals; extend jurisdiction of Act to all RSA Better implementation of consumer law for consumers, nationally and provincially Competition Amendment Act Close loophole re merger control; status and validity of Ministerial notice; compulsory pre-merger notification; provide for appeals and transitional arrangements Remove implementation problems to enhance effectiveness of Competition authorities and reduce compliance burden on business Gambling Matter Amendment Act Deal with state owned gambling assets and consideration of financial interest; repeal 1956 Gambling Act Primarily dealt with postponement of divestiture date to allow for turnaround of NWDC Companies Amendment Act Provide for share buybacks, disclosure of beneficial interest; mandatory appointment of company secretary; disclosure of directors pay; introduce penalties Modernize law for companies and also to improve shareholder protection

2000 legislative agenda LegislationObjectsImpact Lotteries Amendment Act Remove prohibition of participation in National Lottery by employees of the Lotteries operator and associated suppliers Allow employees to participate in lottery Competition Amendment Act Alter constitution of Appeal Court and make new provisions for its powers and term of members Remove implementation problems to enhance effectiveness of Competition authorities and reduce compliance burden on business Competition Second Amendment Act Insert and amend definitions; extend prohibition on horizontal practices; allow more frequent determination of thresholds; insert provisions for merger control and exemptions; align with PFMA; amend functions of Tribunal; provide for enforcement of judgements and decisions; provide for concurrent jurisdiction Remove implementation problems to enhance effectiveness of Competition authorities and reduce compliance burden on business

2001 legislative agenda LegislationObjectsImpact Export Credit and Foreign Investments Re- Insurance Amendment Act Amend and insert definitions; provide for contracts between Minister and insurers; provide for a Reserve Fund; enable agency to make investments; repeal certain provisions and provide transitional arrangements Reduce risk and exposure of government to scheme and enhance effectiveness Patents Amendment Act Provide for representation of parties by attorneys before the Commissioner Facilitate representation for business Consumer Affairs Amendment Act Provide powers for Committee to question; provide interim measures pending outcome of investigation; empower curator to obtain legal assistance Better implementation of consumer law for consumers Close Corporations Amendment Act Provide for electronic lodgement of and access to documents, payment of fees and the amendment of registration numbers, as well as deletion of obsolete sections Improve administrative capacity of CIPRO, benefiting businesses

2001 legislative agenda LegislationObjectsImpact Counterfeits Goods Amendment Act Amend definitions; provide additional inspection powers and effect technical correction Enhanced protection of Intellectual Property Rights, benefiting business Trade Practices Amendment Act Provide prohibition of certain practices relating to sponsored events and increase penalties for contraventions Protection for large, international events, e.g. Cricket World Cup Companies Amendment Act Provide for electronic lodgement of and access to documents and payment of fees; amend share buyback provisions; delete obsolete sections and make technical corrections Improve administrative capacity of CIPRO, benefiting businesses; Modernize certain provisions to assist business operations Lotteries Amendment Act Provide for regulation of promotional competitions Protect national lottery from illegal operations Industrial Development Amendment Act Amend and extend objects, mandate and powers of IDC and its management; Extend scope of IDC to benefit other Southern African countries Merchandise Marks Amendment Act Insert and amend definitions; provide for application of trademarks; introduce prohibitions on unauthorized use of state emblems Protection of intellectual property holders, including the State

2002 legislative agenda LegislationObjectsImpact Performers Protection Act Insert and amend definitions; introduce restrictions on use of performances Protection of performers Copyright Amendment Act Insert and amend definitions; provide for nature of copyright in sound recordings Protection of performers Export Credit and Foreign Investment Re-Insurance Amendment Act Insert and amend definitions; clarify percentage of loss covered; delete obsolete sections; effect technical changes Further enhance operations of ECIC Corporate Laws Amendment Act Amend Companies and Close Corporations Acts to provide for manner of payment of fees and clarify that every name registration requires a fee; introduce further provisions regarding lodgement of articles and memo of association; provide for lodgement of annual returns Improve administrative capacity of CIPRO, benefiting businesses

2002 legislative agenda LegislationObjectsImpact Patents Amendment Act Align law with international agreements, esp the Patent Co-Operation Treaty; effect technical corrections; provide for non-infringement of Patents Modernize SA Intellectual Property Rights law, benefiting business Merchandise Marks Amendment Act Provide for ambush marketing by defining “protected events and make provision for protection of trademarks in relation to such events; Protection of sponsors to ensure adequate sponsorship of international events International Trade Administration Act Establish ITAC and provide for its functions and powers; provide for the implementation of aspects of the SACU Agreement and for the continued control of import and export of goods, and amendment of duties Modernize regulation of international trade and improve its administration, to benefit of business and consumers

2003 legislative agenda LegislationObjectsImpact National Small Business Amendment Act Delete references to the National Small Business Council and provide alternative mechanisms for achieving aims of NSBC; clarify role of Ntsika and other small amendments Improve implementation and provide Small Business with a voice Usury Amendment Act Provide for an approved regulatory institutions to have powers of inspection on unregistered lenders Improve protection for consumers Liquor BillCreate a framework for the regulation of manufacturers and distributors of liquor; provide for certain prohibitions in the public interest and provide for expression of co- operative governance Modernize law regulating liquor to provide better protection for consumers Broad-base Black Economic Empowerment Act Establish framework for promotion of BEE; provide for codes of practice and industry charters; establish BEE Advisory Council Framework for BEE National Gambling Bill Provide for co-ordination of concurrent jurisdiction; provide for regulation of gambling matters; establish norms and standards; retain NGB, establish National Policy Council and repeal 1996 Act Improve regulation of and control over gambling to benefit of consumers