TRANSNET LIMITED AMENDMENT ACT NO. 52 OF 1991 [ASSENTED TO 14 MAY, 1991][DATE OF COMMENCEMENT: 22 MAY, 1991] (Afrikaans text signed by the State President) as amended by Transport Advisory Council Abolition Act, No. 9 of 1996 ACT To amend section 1 of the Level Crossings Act, 1960, by the deletion or insertion of certain definitions; to amend section 2 of that Act in order to adjust the contributions to the Fund as circumstances require; to amend sections 3, 4, 5, 6, 7, 8 and 8bis of that Act to provide for the substitution of certain words; to insert section 10 of that Act in order to provide for the repeal of the Act and related matters; to amend section 1 of the Legal Succession to the South African Transport Services Act, 1989, to provide for the insertion or substitution of certain definitions; to amend section 2 of that Act to provide that section 190 of the Companies Act, 1973, shall not apply to the Company; to amend section 10 of that Act to extend the membership of Transmed; to amend section 12 of that Act to exempt the Company from the provisions of the Insurance Act, 1943; to amend section 14 of that Act to make certain provisions thereof applicable to the Corporation; to amend section 15 of that Act to make provision for the rendering of a service at the request of the Corporation or a transport authority; to amend section 16 of that Act to define more precisely the obligations of the State in regard to the pension funds of the South African Transport Services; to amend section 19 of that Act to alter the provisions relating to the issue of financial instruments that are guaranteed by the State; to amend section 21 of that Act to extend the authority of the Minister to make regulations; to amend section 22 of that Act to amplify the provisions relating to the protection of the name of the Corporation; to amend section 23 of that Act in order to increase the powers of the Corporation; to amend section 24 of that Act to make additional provision in connection with the constitution of the Board of Control of the Corporation; to amend section 25 of that Act to alter the provision relating to the identification of the assets of the Corporation; to amend section 26 of that Act to bring it into line with the provisions of section 15; to substitute section 27 of that Act to amend the provision relating to the State guarantee and to do away with the obligation of the State to annually make good the losses of the Corporation; to amend section 29 of that Act to alter the limitation placed on the liquidation of the Corporation; to amend section 31 of that Act to clarify the provisions thereof and to limit the extent of exemptions referred to therein; to amend section 32 of that Act to clarify the provisions thereof; to amend section 33 of that Act to alter the provisions relating to activities in a deeds registry; to amend section 35 of that Act to define exemption from the payment of certain charges; to amend section 36 of that Act to grant the State President the power to repeal section 33; to amend Schedule 1 to that Act to make provision for a further offence in respect of fare evasion; to amend Part 1 and Part 3 of Schedule 2 to that Act in connection with the amendment, repeal and interpretation of certain laws; to amend the references to Railway Administration and the South African Transport Services in various Acts; to amend section 1 of the Transnet Pension Fund Act, 1990, to provide for the substitution of certain definitions; to amend section 3 of that Act to clarify the provisions thereof; to amend section 14 of that Act to extend the membership of the Fund; and to provide for incidental matters. 1. Amends section 1 of the Level Crossings Act, No. 41 of 1960, as follows:—paragraph (a) substitutes the definition of “financial year”; paragraph (b) substitutes the definition of “Minister”; paragraph (c) deletes the definitions of “General Manager” and “South African Transport Services”; paragraph (d) inserts the definition of “Managing Director”; and paragraph (e) inserts the definitions of “South African Roads Board”, “Transnet Limited” and “Treasury”. 2. Amends section 2 of the Level Crossings Act, No. 41 of 1960, as follows:—paragraph (a) substitutes subsection (2); paragraph (b) deletes subsection (7); and paragraph (c) substitutes the words “Transnet Limited” for the words “South African Transport Services” wherever they occur. 3. Amends sections 3, 4, 8 and 8bis of the Level Crossings Act, No. 41 of 1960, by substituting the words “Managing Director” for the words “General Manager” wherever they occur. 4. Amends sections 3 to 8 inclusive and 8bis of the Level Crossings Act, No. 41 of 1960, by substituting the words “Transnet Limited” for the words “South African Transport Services” wherever they occur. 5. Inserts section 10 in the Level Crossings Act, No. 41 of 1960. 6. Amends section 1 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, as follows:— paragraph (a) substitutes the definition of “Minister”; paragraph (b) inserts the definitions of “regional services council” and “Registrar of Companies”; and paragraph (c) adds the definition of “transport authority”. 7. Amends section 2 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by substituting subsection (6). 8. Amends section 10 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by adding subsections (10), (11) and (12). 9. Substitutes section 12 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989. 10. Amends section 14 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by adding subsections (4) and (5). 11. Substitutes section 15 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989. 12. Amends section 16 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by adding subsections (2), (3) and (4), the existing section becoming subsection (1). 13. Amends section 19 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by substituting subsection (1). 14. Amends section 21 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by substituting subsection (1). 15. Amends section 22 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, as follows:— paragraph (a) deletes subsection (2); and paragraph (b) substitutes subsection (3) for subsection (2). 16. Amends section 23 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, as follows:— paragraph (a) substitutes subsection (1); paragraph (b) inserts subsections (2) and (3), the existing subsections (2) and (3) becoming subsections (4) and (5); paragraph (c) substitutes in subsection (3) the word “Corporation” for the word “Company” where it appears before the words “shall have power”; paragraph (d) deletes the word “and” at the end of subsection (3) (i); paragraph (e) adds the word “and” at the end of subsection (3) (j); and paragraph (f) adds subsection (3) (k). 17. Amends section 24 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by substituting subsection (2). 18. Amends section 25 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by substituting subsection (1). 19. Amends section 26 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, as follows:— paragraph (a) substitutes subsection (4); and paragraph (b) deletes subsection (5). 20 and 21. Substitute respectively sections 27 and 29 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989. 22. Amends section 31 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, as follows:— paragraph (a) substitutes subsection (1); and paragraph (b) substitutes subsection (5). 23. Amends section 32 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by substituting subsection (2). 24. Amends section 33 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, as follows:— paragraph (a) substitutes subsection (1) (c); and paragraph (b) substitutes subsection (2). 25. Amends section 35 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by substituting subsection (3). 26. Amends section 36 of the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by substituting subsection (8). 27. Amends Schedule 1 to the Legal Succession to the South African Transport Services Act, No. 9 of 1989, as follows:— paragraph (a) substitutes item 12 (1) (s) in the Afrikaans text; paragraph (b) deletes the word “or” at the end of item 12 (1) (s); paragraph (c) inserts the word “or” at the end of item 12 (1) (t); and paragraph (d) inserts item 12 (1) (u). 28. Amends Part 1 of Schedule 2 to the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by deleting the references to the following laws:— (a)Advertising on Roads and Ribbon Development Act, 1940; (b)Transport (Co-ordination) Act, 1948; (c)National Roads Act, 1971; (d)Urban Transport Act, 1977; and (e)Transport Advisory Council Act, 1987. 29. Amends Part 3 of Schedule 2 to the Legal Succession to the South African Transport Services Act, No. 9 of 1989, by deleting the references to the Transport (Co-ordination) Act, 1948. 30. Amends section 9 (1) of the Advertising on Roads and Ribbon Development Act, No. 21 of 1940, by substituting paragraph (b). 31. Amends section 9A (1) of Advertising on Roads and Ribbon Development Act, No. 21 of 1940, by substituting paragraph (ii). 32. Amends section 11 of the Advertising on Roads and Ribbon Development Act, No. 21 of 1940, by substituting subsection (4A). 33. Amends section 4 (3) of the National Roads Act, No. 54 of 1971, by substituting paragraph (a). 34. Amends section 12 of the National Roads Act, No. 54 of 1971, by substituting subsection (1). 35. Amends section 13 (2) of the National Roads Act, No. 54 of 1971, by substituting paragraph (a). 36. Amends section 10 of the Perishable Products Export Control Act, No. 9 of 1983, by substituting paragraph (g). 37 and 38. . . . . . . [Ss. 37 and 38 repealed by s. 2 of Act No. 9 of 1996.] 39. Amends section 1 of the Transnet Pension Fund Act, No. 62 of 1990, as follows:—paragraph (a) substitutes the definition of “Fund”; and paragraph (b) substitutes the definition of “employer”. 40 and 41. Substitute respectively sections 3 and 14 of the Transnet Pension Fund Act, No. 62 of 1990. 42. Short title.—This Act shall be called the Transnet Limited Amendment Act, 1991.