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Lotteries Act, 1997 (Act No. 57 of 1997)

Regulations Regarding Promotional Competitions, 2002

6. Inspection of promotional competition

 

 

1) Any member of the board or any person designated by the chairperson or acting chairperson of the board in writing for this purpose may, for purposes of monitoring compliance with the Act or these regulations, and on the authority of a warrant issued in under subregulation (2) , enter into any premises and

may-

a) (inspect or search those premises;
b) examine any object found in or upon those premises;
c) examine or make copies of or take extracts from any book or document or found on those premises; and
d) seize that book, document or any object, if he or she wishes to retain it for safe custody or for further examination, and if it appears to provide proof of non-compliance with the Act.

 

2) A warrant referred to in subregulation (1) must be issued by a judge of the High Court or a magistrate who has jurisdiction in the area where the premises are situated, if it appears to the judge or magistrate from information on oath or affirmation that there are reasonable grounds for believing that
a) an exercise of a power referred to in subregulation (1) is necessary for the purpose of appropriate and applicable law enforcement in terms of the Act or these regulations; and
b) an object, book or document relating to such law enforcement is likely to be upon or in such a premises.

 

3) A warrant referred to in subregulation (1)-
a) must specify which of the acts mentioned in subregulation (I) may be performed thereunder by the person to whom it is issued;
b) must be executed by day unless the person who issued it authorises the execution thereof by night at times which in the circumstances are reasonable;
c) may be issued on any day and shall be in force until-
i) it has been executed;
ii) it is cancelled by the person who issued it or, if such person is not available, by any person with similar authority; or
iii) the expiry of seven days from the date of its issue.

 

4) Any person who acts on the authority of a warrant referred to in subregulation (1 )-
a) must, subject to subregulation (5), immediately before commencing with the execution-
i) audibly demand admission to the premises from the person who appears to be in control of the premises;
ii) identify himself or herself to the person who appears to be in control of the premises, if such person is present, and hand to such person a copy of the warrant or, if such person is not present, affix such copy in a prominent place on the premises; and
iii) if such person is present, state the purpose for which he or she seeks entry;
b) may, subject to subregulation (3)(a), use such force as may be reasonably necessary, including the breaking of any door, window or other barrier-
i) to overcome any resistance against the entry and search; or
ii) if no person replies to the demand contemplated in paragraph (a)(i), in order to gain entry to the premises.

 

5) Subregulation (4)(a) Is not applicable if the person acting on the authority of that warrant has reasonable grounds to believe that any object, book or document which is the subject of the search may be destroyed, tampered with or disposed of if subregulation (4)(a) is first complied with.

 

6) A person from whose possession or control a book or document has been removed under this regulation may make copies therefrom at any reasonable time, at his or her own expense and under the supervision of a member of the board or the person designated by the chairperson or acting chairperson of the board.