Amendment No. 13 is consequential to amendment No. 12 and both may be discussed together. Is that agreed? Agreed.
SECTION 33.
I move amendment No. 12:
In page 15, line 4, to delete "Authority" and substitute "Minister, Director of Consumer Affairs or any other person specified by the Minister in an order made under section 32(2)".
The Director of Consumer Affairs pointed out to me recently that he is the main enforcement arm of the Department, of orders made under section 44 of the Industrial Research and Standards Act, 1961. He took over that enforcement role in 1986 and the power to prosecute offences committed under the 1961 Act was granted to him by means of section 35 of the Restrictive Practices (Amendment) Act, 1987. While I provided the power to the Minister to make an order designating such other bodies, other than the Minister, to prosecute offences under the Bill, I consider it appropriate for the director to be directly designated. Subsections (1) and (2) have also been amended to take cognisance of the amendment to subsection (1) by the inclusion of the word "other" between "such" and "bodies". It is a modernisation of the 1961 provision.
Of late, good legislation, or legislation of a purposeful nature, such as the Consumer Credit Bill and this Bill, has given extra powers to the Director of Consumer Affairs. I have no quibble with this aspect, rather I welcome it. However, because of the nature of directives and their implementation we are imposing huge demands on one person and one office. The director, estimable, formidable and wily as he is, simply cannot keep on top of all the duties which we, as legislators, are heaping upon him. He will not be able to do everything to optimum satisfaction.
We are modernising the 1961 Act when there was no Director of Consumer Affairs then. Are we giving him powers to deal with this? Are we allowing him to engage more staff, etc.?
The functions to be discharged by the Director of Consumer Affairs have been greatly added to as a result of recent legislation, specifically the Consumer Credit Bill. We have made commensurate increases in his resources to do so and this amendment is initiated by the Director's contact with us. It is essentially taking on no more than the functions that he already has under the 1961 Act. He drew our attention to the necessity for streamlining here. We are satisfied that we have got it right.
Amendment agreed to.
I move Amendment No. 13:
In page 15, line 5, to delete "the Authority" and substitute "them".
Amendment agreed to.
Section 33, as amended, agreed to.