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International Trade Administration Act, 2002 (Act No. 71 of 2002)

Chapter 4 : Investigation, evaluation and adjudication procedures

Part E – Powers of investigative search and inspections

45. Power to enter and search

 

(1) Section 42, read with the changes required by the context, applies to an entry and search under section 43 or 44.

 

(2) A person who is acting under section 43 or 44 may—
(a) enter upon or into those premises;
(b) search those premises;
(c) search any person on those premises if there are reasonable grounds for believing that the person has personal possession of an article or document that has a bearing on the investigation;
(d) examine any article or document that is on or in those premises that has a bearing on the investigation;
(e) request information about any article or document from the owner of, or person in control of, the premises or from any person who has control of the article or document, or from any other person who may have the information;
(f) take extracts from, or make copies of, any book or document that is on or in the premises that has a bearing on the investigation;
(g) use any computer system on the premises, or require assistance of any person on the premises to use that computer system, to—
(i) search any data contained in or available to that computer system; and
(ii) reproduce any record from that data; and
(h) attach, and, if necessary, remove from the premises for examination and safekeeping, anything that has a bearing on the investigation.

 

(3) Section 40(3) applies to an answer given or statement made to an investigating officer in terms of this section.