| (a) | The Minister may, by notice in the Gazette and for a period specified in the notice, establish a sector education and training authority with a constitution contemplated in section 13 for any national economic sector, having regard to any relevant SIC code. |
| (b) | The Minister may in the manner contemplated in paragraph (a) re-establish the sector education and training authority contemplated in that paragraph when the period contemplated in that paragraph has lapsed. |
[Section 9(1) amended by section 5 of Act No. 26 of 2011]
| (2) | The Minister must determine a discrete sector for the purposes of subsection (1) by reference to categories of employers and for the purposes of that determination take into account— |
| (a) | the education and training needs of employers and employees that— |
| (i) | use similar materials, processes and technologies; |
| (ii) | make similar products; or |
| (iii) | render similar services; |
| (b) | the potential of the proposed sector for coherent occupational structures and career pathing; |
| (c) | the scope of any national strategies for economic growth and development; |
| (d) | the organisational structures of the trade unions, employer organisations and government in closely related sectors; |
| (e) | any consensus that there may be between organised labour, organised employers and relevant government departments as to the definition of any sector; and |
| (f) | the financial and organisational ability of the proposed sector to support a SETA. |
| (3) | On the establishment of a SETA, the Minister may provide assistance to the SETA to enable it to perform its functions. |
| (4) | The Minister may, after consulting the National Skills Authority and the SETAs in question and subject to subsection (2), change the sector of a SETA and must publish a notice in the Gazette reflecting such change. |
[Section 9(4) inserted by section 4 of Act No. 31 of 2003]
