22
(b)
make any other regulations(i)
required or permitted in terms of this Act; or
(ii)
necessary or expedient to prescribe in order to achieve the objects of
this Act.
43 Procedure when issuing regulations
(1) Before the Minister may promulgate a regulation contemplated in section 42
that materially and adversely affects any person, the Minister must(a) take appropriate steps to notify any persons who are likely to be materially
or adversely affected by the regulation or notice and invite comment from
them;
(b) publish the regulation or notice in the Gazette and invite comment from
the public; and
(c) consider any comment received and any recommendations made by the
Council.
(2) If any regulation, other than one contemplated in section 42 (1), affects a
province, that regulation must be tabled with the Council for its consideration.
(3) A decision of the Minister in terms of this Chapter is subject to review or
appeal to the extent provided for, and in accordance with, the Promotion of
Administrative Justice Act, 2000 (Act 3 of 2000).
CHAPTER 8
GENERAL PROVISIONS (ss 44-47)
44 Limitation of liability
Subject to section 29 (3), neither the State nor any organ of state or person
exercising any power or performing any duty in terms of this Act is liable for any loss or
damage resulting from an act or omission in good faith in the exercise of such power or
the performance of such duty.
45 Delegation of power
(1) The Minister may delegate all or part of any power of the Minister in terms of
this Act, other than the power to make regulations, to the Director-General or an officer
of the national department responsible for liquor matters designated by the DirectorGeneral.
(2) The Minister may delegate to a Member of the Executive Council all or part of
the Minister's powers, discretion and responsibility under this Act, with respect to the
registration of persons within a province as distributors of liquor.
(3) At any time, the Minister may revoke a delegation of power under this section,
and exercise that power directly.
46 Repeal of laws
Subject to Schedule 1, the laws mentioned in Schedule 2 are repealed to the extent
indicated in the third column of that Schedule.
47 Short title and commencement
This Act is called the Liquor Act, 2003, and comes into operation on a date to be
determined by the President by proclamation in the Gazette.
Schedule 1
TRANSITIONAL PROVISIONS
1
Definitions
For the purpose of this Schedule-