| (a) |
The administering officer and an officer acting under a delegation or direction of the administering officer may, in the exercising or carrying out by him or her of any power or duty which is granted to or imposed upon the administering officer by or under this Act, at any reasonable time and without prior notice, enter upon any place, premises or conveyance— |
| (i) |
including a private dwelling, with the consent of the owner or person in charge of the place, premises or conveyance; |
| (ii) |
excluding a private dwelling, from which a person conducts or is on reasonable grounds suspected of conducting business falling under the provisions of this Act or a scheme; |
| (iii) |
which is a private dwelling, under authority of a warrant issued in terms of paragraph (d) or without a warrant in terms of paragraph (e). |
[Section 18(1)(a) substituted by section 10(a) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
| (b) |
The provision of paragraph (a) shall in connection with the exercise of a function conferred on the Authority by or under this Act or in terms of a scheme, apply mutatis mutandi to— |
| (i) |
a person employed by the Authority |
| (ii) |
any person with whom the Authority has entered into an agreement in terms of section 2(10)(a)(v); and |
| (iii) |
any person employed by a person referred to in subparagraph (ii). |
| (c) |
A person who enters upon any place, premises or conveyance in terms of this subsection shall show proof of his identity and authority and inform the person in charge of the place, premises or conveyance concerned of the purpose of the entry. |
[Section 18(1)(c) substituted by section 10(b) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
| (d) |
Where on application to a magistrate it appears to such magistrate from information on oath or affirmation that there are reasonable grounds to believe that— |
| (i) |
the conditions for entry described in subsection (1)(a)(ii) exist in relation to a private dwelling; |
| (ii) |
entry to that private dwelling is necessary for any purpose relating to the administration or enforcement of this Act; and |
| (iii) |
entry to the private dwelling has been refused or that entry thereto will be refused, |
that magistrate may issue a warrant authorising the person named therein to enter that private dwelling subject to such conditions as may be specified in the warrant.
[Section 18(1)(d) inserted by section 10(c) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
| (e) |
If a person referred to in subsection (1) believes on reasonable grounds that— |
| (i) |
a warrant would be issued to him or her under paragraph (d) if he or she applies for such a warrant; and |
| (ii) |
a delay in obtaining such warrant would defeat the object of the entry or investigation, |
he or she may without a warrant enter such private dwelling for any purpose relating to the administration or enforcement of this Act.
[Section 18(1)(e) inserted by section 10(c) of the Liquor Products Amendment Act, 2021 (Act no 8 of 2021), Notice No. 567 of GG45179, dated 17 September 2021 - effective 1 August 2023 as per Proclamation Notice 132 of 2023]
| (2) |
A person referred to in subsection (1) may, when acting under that subsection— |
| (a) |
take with him such assistants, appliances, instruments, tools or other things as he may deem necessary for the relevant purpose; |
| (b) |
demand from the owner or person in charge of the place, premises or conveyance concerned all reasonable assistance that such person may deem necessary in order to enable him to exercise, carry out or perform his powers, duties or functions in connection with that place, premises or conveyance; |
| (c) |
examine or test any liquor product, material, substance or other article in respect of which this Act or scheme applies and which is, or which is suspected to he, produced, processed, treated, prepared, graded, classified, packed, marked, labelled, held, bottled, removed, transported, exhibited or sold there; |
| (d) |
inspect the operations or processes in connection with any action referred to in paragraph (c), and demand from the owner or custodian of the liquor product, material, substance or other article concerned, or from the person supervising such operations or processes, any information or an explanation regarding the operation, process, liquor product, material, substance or other article concerned; |
| (e) |
take such samples of the liquor product, material, substance or other article concerned as he may deem necessary, and for such purpose open any container in which that liquor product, material, substance or other article is contained; and |
| (f) |
examine and make copies of or take extracts from any book or document in respect of which he on reasonable grounds suspects that it relates to such product, material, substance or other article, irrespective of whether it is kept on or at the place, premises or conveyance concerned or at any other place, and demand from the owner or custodian of such book or document an explanation of any record or entry therein. |
| (3) |
The provisions of subsection (2)(d) and (f) shall not be construed as authorizing a person referred to in subsection (1) to demand information by which he may acquire knowledge of any secret formula for the production or blending of a liquor product. |
| (4) |
A sample taken in terms of subsection (2)(e) shall with the least possible delay be submitted to an analyst for testing. examination or analysis. |
| (5) |
A person referred to in subsection (1) shall in respect of each sample taken of a liquor product contained in a labelled container, issue a receipt of sampling to the custodian of the product concerned |
Housing Development Agency Act, 2008
