20
Government Gazette 25 August 2016
Act No. 8, 2016
6105
BUSINESS AND INTELLECTUAL PROPERTY
AUTHORITY ACT, 2016
(3)
A certificate issued by the Minister in which it is stated that any State
land or a servitude or other real right or lease or any other asset or right described in
such certificate has been transferred to BIPA in terms of subsection (1), is sufficient
proof that the asset, right, liability or obligation so described is vested in BIPA.
(4)
Upon submission of the certificate referred to in subsection (3) to -
(a)
the Registrar of Deeds; or
(b)
to any other person in charge of any other office where a register or
record of ownership of or entitlement to an asset or right described in
such certificate is being kept,
the Registrar or such person must make such entries in or on any relevant register, title
deed or other document in his or her office as may be necessary to effect the transfer in
the name of BIPA.
(5)
BIPA is substituted for the State as a contracting party in respect of any
agreement transferred to BIPA in terms of subsection (1).
(6)
The value of assets and liabilities transferred to BIPA in terms
of subsection (1) is determined by the Minister after consultation with the Minister
responsible for finance.
(7)
Despite any law to the contrary, no duty, fee, tax or levy payable in
terms of any law for the acquisition or transfer of assets or rights is payable in respect
of the transfer of assets or rights by the State to BIPA in terms of subsection (1).
(8)
A person who at the commencement of this Act has been appointed
under an applicable legislation as Registrar, Deputy Registrar or Assistant Registrar is
deemed to have been appointed under the corresponding provision of this Act.
(9)
Despite any other law to the contrary, the Minister -
(a)
with the consent of the Prime Minister; and
(b)
in accordance with an agreement concluded by the Minister and BIPA,
may at the commencement of this Act transfer to BIPA any staff member of the Ministry
currently performing the functions of BIPA, subject to the consent of the staff member.
Amendment of laws
The laws set out in Schedule 2 are amended to the extent indicated in
32.
that Schedule.
Short title and commencement
33.
(1)
This Act -
(a)
is called the Business and Intellectual Property Authority Act, 2016;
and