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Antarctic Treaties Act, 1996 (Act No. 60 of 1996)

Regulations

Antarctic Treaties Regulations, 2021

Chapter 7 - Compliance and Enforcement

33. Inspection powers

 

(1) An inspector may, without a warrant and at any reasonable time, conduct inspections, for the purposes of ascertaining compliance with the Act or these Regulations—
(a) enter any facility and inspect that facility, its infrastructure, equipment, any product and any document or record;
(b) stop, enter and inspect any vehicle, vessel or aircraft;
(c) question any person who, in the reasonable opinion of the inspector, may be capable of furnishing any information which the inspector may require;
(d) require any person employed or present at any facility, on any vehicle or any vessel to assist in the examination of such facility, vehicle or vessel and of any document, in order to ascertain whether the Act or these Regulations has been complied with;
(e) make copies of any document, audio, visual or audio-visual recording;
(f) take photographs or make audio, visual or audio-visual recordings of anything or any person;
(g) take samples;
(h) take possession of items required to be assessed in order to ascertain compliance; and
(i) give any reasonable and lawful instruction.

 

(2) An inspector must—
(a) provide a receipt for an item removed during the inspection;
(b) subject to sub-regulation 2(c), keep any item removed in such a way that it is secured against damage;
(c) where the item removed is likely to perish dispose of it in such a manner as the circumstances may require; and
(d) return any item removed insofar as this does not pose a threat to human health, animal health or the environment, and subject to the outcome of any criminal proceedings that may have commenced.