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Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

Chapter 4 : Compliance and Enforcement

45A. Appointment of inspectors

 

(1) The Director or the head of a supervisory body, as the case may be, may appoint any person in the service of the Centre or supervisory body or any other suitable person as an inspector.

 

(2) The Director or the head of a supervisory body may determine the remuneration to be paid to a person who is appointed in terms of subsection(1) that is not in the full-time service of the Centre or supervisory body.

 

(3)
(a) The Director or the head of a supervisory body must issue an inspector contemplated in subsection (1) with a certificate of appointment signed by the Director or the head of that supervisory body.
(b) A certificate of appointment must specify—
(i) the full name of the person so appointed;
(ii) his or her identity number;
(iii) his or her signature;
(iv) his or her photograph;
(v) a description of the capacity in which he or she is appointed; and
(vi) the extent of his or her powers to inspect.

 

(4)
(a) Where the head of a supervisory body is authorised by any other Act to appoint inspectors, the head may extend the appointment and functions of inspectors under that Act to include the undertaking of inspections under this Act.
(b) An inspector whose appointment or functions have been extended under paragraph (a) may, in undertaking inspections under this Act, in addition to the functions afforded to such inspector under the Act contemplated in paragraph (a), perform the functions afforded in this Act.
(c) Any extension contemplated in paragraph (a) must be reflected in any certificate or appointment document issued by the head of the supervisory body to an inspector under the Act contemplated in that paragraph.

 

(5) When an inspector undertakes an inspection in terms of this Act, the inspector must—
(a) be in possession of a certificate of appointment issued in terms of subsection (3) or contemplated in subsection 4(c); and
(b) on request, show that certificate to any person who is—
(i) affected by the performance of the functions of the inspector; or
(ii) is in charge of any premises to be inspected.

 

[Section 45A inserted by section 16(b) of the Financial Intelligence Centre Amendment Act, 2008 (Act No. 11 of 2008)]