| 1) |
The committee may appoint persons whom it considers suitable, as investigating officers. |
| 2) |
An investigating officer who is not in the full-time service of the State shall be appointed on such conditions and at such remuneration as the Minister may determine. |
| 3) |
In order to ascertain whether this Act is being observed by any person to whom it applies, or to obtain any information required by the committee in relation to a preliminary investigation or an investigation by it in terms of this Act, an investigating officer may, subject to this section, at all reasonable times enter any premises on or in which any commodity, investment, book, statement, document or other object connected with that observation or information is or is reasonably suspected to be, and may-- |
| a) |
inspect or search those premises; |
| b) |
examine that commodity or investment, and request from the owner or person in charge of those premises, information regarding that commodity or investment; |
| c) |
examine or make copies of, or take extracts from, any book, statement or document found in or upon those premises and which refers or is suspected to refer to any business practice which may be relevant at any such preliminary investigation or investigation by the committee, and request from the owner or person in charge of those premises or from any person in whose possession or charge that book, statement or document is, an explanation of any entry therein; |
| d) |
examine any object found in or upon those premises and which refers or is suspected to refer to any business practice which may be relevant at any such preliminary investigation or investigation by the committee, and request from the owner or person in charge of those premises or from any person in whose possession or charge that object is, information regarding that object; |
| e) |
seize against the issue of a receipt that book, statement, document or object, if it appears to provide proof of a contravention of a provision of this Act, or if he or she wishes to retain it for further examination or for safe custody: Provided that a person from whose possession or charge that book, statement or document has been taken under this section shall, as long as it is in the possession or charge of the investigating officer concerned, at such person's request be allowed, at his or her own expense and under the supervision of that investigating officer, or any other person in the service of the committee, to make copies thereof or to take extracts therefrom at any reasonable time. |
| 3A) |
Unless the owner or person in charge of the premises concerned has consented thereto in writing, an investigating officer shall enter premises and exercise any power contemplated in subsection (3) only under a search warrant issued by the magistrate if it appears to him or her from information given on oath or affirmation that there are reasonable grounds to suspect that-- |
| b) |
a book, document or other object which may afford evidence of such an unfair business practice is on or in those premises. |
| 3B) |
A search warrant referred to in subsection (3A) shall-- |
| a) |
authorise an investigating officer mentioned in the warrant to enter the premises identified in the warrant for the purposes of exercising any power contemplated in subsection (3); |
| b) |
be executed by day, unless the magistrate authorises the execution thereof at night; |
| ii) |
it is cancelled by the magistrate; or |
| iii) |
a period of one month from the date of issue has expired, |
whichever occurs first.
| 4) |
An investigating officer executing a search warrant shall, before such execution, upon demand by any person whose rights may be affected-- |
| a) |
show that person his or her certificate of appointment; and |
| b) |
hand to that person a copy of the warrant. |
| a) |
obstructs or hinders an investigating officer in the performance of his functions under this section; |
| b) |
when an investigating officer asks him for an explanation or information relating to a matter within his knowledge, refuses or fails to give that explanation or information or gives an explanation or information which is false or misleading, knowing it to be false or misleading; or |
| c) |
falsely represents himself to be an investigating officer, |
shall be guilty of an offence.
Gold Membership
