
Tear-gas Act, 1964
Act 16 of 1964
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Published in South African Government Gazette no. 738 on 6 March 1964
- Assented to on 22 February 1964
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Commenced on 1 January 1965
- [Up to date as at 14 July 2020]
In this Act, unless the context otherwise indicates “Minister” means the Minister of Justice;“Republic” includes the territory of South-West Africa;“tear-gas” means any substance, whether a solid, liquid, vapour or gas, or any combination of such substances used or intended to be used as a lachrymator. Any magistrate or police officer or any other person authorized by the Minister may at any time enter any premises used as a factory or place for the manufacture or storing of tear-gas or any article used or intended to be used for releasing tear-gas and may perform thereon such acts as he may deem it necessary in order to determine whether the provisions of this Act have been complied with. Any person who -(a)manufactures in or imports into the Republic any tear-gas or any article used or intended to be used for releasing tear-gas otherwise than under the authority of or in accordance with the restrictions or conditions stated in a permit issued under section two;(b)is in possession of tear-gas or any article used or intended to be used for releasing tear-gas in contravention of the provisions of section three or, in the case of a person entitled to be in possession thereof by virtue of any permission granted under that section, fails to observe any restriction or condition attached to such permission;(c)hinders, obstructs or delays any other person in the exercise of his powers under this Act,is guilty of an offence and liable on conviction -(i)in the case of an offence referred to in paragraph (a) or (b), to a fine not exceeding eight hundred rand or in default of payment to imprisonment for a period not exceeding two years or to both such fine and such imprisonment or to such imprisonment without the option of a fine;(ii)in the case of any offence referred to in paragraph (c), to a fine not exceeding two hundred rand or in default of payment to imprisonment for a period not exceeding six months or to both such fine and such imprisonment or to such imprisonment without the option of a fine. This Act shall apply also in the territory of South-West Africa (including the Eastern Caprivi Zipfel referred to in section three of the South-West Africa Affairs Amendment Act, 1951 (Act No. 55 of 1951)), and in relation to all persons in that portion of the said territory known as the “Rehoboth Gebiet” and defined in the First Schedule to Proclamation No. 28 of 1923 of the said territory. This Act shall be called the Tear-gas Act, 1964, and shall come into operation on a date to be fixed by the State President by proclamation in the Gazette.
1. Definitions
2. Prohibition of manufacture or importation of tear-gas or certain articles without a permit
3. Prohibition of possession of tear-gas and certain articles
4. Inspection of factory or place where tear-gas or certain articles are manufactured or stored
5. Offences
6. Application of Act to South-West Africa
7. Short title and date of commencement