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National Credit Act, 2005 (Act No. 34 of 2005)
Chapter 9 : General Provisions

171. Regulations

1)        The Minister-

a)        may make any regulations expressly authorised or contemplated elsewhere in this Act, in accordance with subsection (2);

b)        in consultation with the National Credit Regulator, may make regulations for matters relating to the functions of the National Credit Regulator, including-

i)          forms;

ii)         time periods;

iii)        information required;

iv)        additional definitions applicable to those regulations;

v)         filing fees;

vi)        access to confidential information; and

vii)       manner and form of participation in National Credit Regulator procedures;

c)        in consultation with the Chairperson of the Tribunal, and by notice in the Gazette, may make regulations for matters relating to the functions of the Tribunal and rules for the conduct of matters before the Tribunal; and

d)        may make regulations regarding-

i)          any forms required to be used for the purposes of this Act; and

ii)         in general, any ancillary or incidental matter that is necessary to prescribe for the proper implementation or administration of this Act.

 

2)        Before making any regulations in terms of subsection (1)(a), the Minister-

a)        must publish the proposed regulations for public comment; and

b)        may consult the National Credit Regulator and provincial regulatory authorities.

 

3)        A regulation in terms of this Act must be made by notice in the Gazette.

172. Conflicting legislation, consequential amendments, repeal of laws and transitional arrangements

1)        If there is a conflict between a provision of this Act mentioned in the first column of the table set out in Schedule 1, and a provision of another Act set out in the second column of that table, the conflict must be resolved in accordance with the rule set out in the third column of that table.

 

2)        The laws referred to in Schedule 2 are hereby amended in the manner set out in that Schedule.

 

3)        The repeal of the laws specified in this section does not affect the transitional arrangements, which are set out in Schedule 3.

 

4)        Subject to subsection (3) and the provisions of Schedule 3, the following Acts are hereby repealed:

a)        The Usury Act, 1968 (Act No. 73 of 1968);

b)        the Credit Agreements Act, 1980 (Act No. 75 of 1980); and

c)        the Integration of Usury Laws Act, 1996 (Act No. 57 of 1996).

173. Short title and Commencement

This Act is called the National Credit Act, 2005, and comes into operation on a date fixed by the President by proclamation in the Gazette.