National Small Business Act, 1996 (Act 102 of 1996)
R 385
Antarctic Treaties Act, 1996 (Act No. 60 of 1996)RegulationsAntarctic Treaties Regulations, 2021Chapter 7 - Compliance and Enforcement34. Criminal investigation powers |
| (1) | Where an inspector has reasonable grounds to believe that an offence under the Act or these Regulations has been committed, the inspector may, with a warrant, subject to sub-regulation (2)— |
| (a) | enter and search any facility, its infrastructure, equipment, any product and any document or record; |
| (b) | stop, enter and inspect any vehicle, vessel or aircraft, for the purpose of searching for admissible evidence of an offence committed |
| (c) | require any person who may have information concerning a possible offence to furnish his or her personal information, including his or her name, identity number, mobile phone number and address. |
| (c) | seize anything in or on a premise, land, vehicle, vessel, container, bag, box or item that— |
| (i) | is concerned in or is on reasonable grounds believed to be concerned in the commission of an offence; |
| (ii) | may be used as evidence in the prosecution of any person for an offence; |
| (iii) | is intended to be used, or is on reasonable grounds believed to be intended to beused, in the commission of an offence; |
| (iv) | which is being, or is likely to be, used in a manner that is causing or may cause significant pollution or degradation of the environment; |
| (g) | give any lawful and reasonable instruction. |
| (2) | An inspector may act without a warrant in terms of sub-regulation (1), but only if— |
| (a) | the person in control of the premises consents to the entry and inspection; or |
| (b) | there are reasonable grounds to believe that a warrant would on application be issued, but that the delay that may be caused by applying for a warrant would defeat the object of the entry or inspection. |
| (3) | An inspector must provide receipt for any item seized in terms of sub-regulation (1). |
