Exchange Control Amnesty and Amendment of Taxation Laws Act, 2003 (Act No. 12 of 2003)Chapter I : Exchange Control Amnesty and accompanying tax measuresPart F : Establishment and Procedures relating to Amnesty Unit24. Powers, functions and duties |
| 1) | The amnesty unit – |
| a) | evaluates all applications for amnesty contemplated in section 5; and |
| b) | grants or denies approval of an application in terms of this Chapter. |
| 2) | The powers and functions of the amnesty unit must not, subject to Parts C and D, be construed to interfere with the powers and functions assigned to the General Manager by the Minister in terms of the Exchange Control Regulations or assigned to the Commissioner in terms of any Act administered by him or her, in so far as those powers and functions of the General Manager or Commissioner relate to – |
| a) | the interpretation of those Regulations or any such Act; |
| b) | the exercise of a discretion conferred on the General Manager or Commissioner by those Regulations or any such Act; or – |
| c) | the determination by the Commissioner of the liability of a person for any tax or duty in terms of any such Act. |
| 3) | The provisions of section 4 of the Income Tax Act, 1961, (but excluding section 4(1)(c)(iii) relating to secrecy and the waiver thereof shall, subject to the provisions of this Chapter, apply mutatis mutandis in respect of any member of the amnesty unit. |
| 4) | Despite section 4 of the Income Tax Act, 1962, and section 33 of the South African Reserve Bank Act. 1989 (Act No. 90 of 1989), the Commissioner and the General Manager may provide such information to the amnesty unit as is necessary for it to perform its functions in terms of this Chapter. |
| 5) | Any action taken by the amnesty unit outside its authority under this Chapter shall be void. |