Acts Online
GT Shield

National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008)

Compulsory Specifications

19. Powers to question and do market surveillance inspections

 

(1) In order to monitor and enforce compliance with this Act, an inspector may—
(a) examine and take samples of an article referred to in section 17(1) or any component, material or substance in or upon the premises concerned used or suspected to be intended for use in the manufacture of such an article;
(b) open and examine the contents of any package or container which contains or is suspected to contain an article referred to in section 17(1) or any component, material or substance in or upon the premises concerned used or suspected to be intended for use in the manufacture of such an article;
(c) examine any operation or process carried out in or upon the premises referred to in section 17(1) in connection with the manufacture or supply of any commodity, product or service, for which a compulsory specification is applicable in terms of this Act;
(d) at any time demand from any person that he or she at a time and place fixed by the inspector produce to him or her any hook, notice, record, list or other document which is in the possession or custody or under the control of that person or any other person on his or her behalf;
(e) examine a book, notice, record, list or other document referred in paragraph and make copies thereof or extracts therefrom or request that they be made, if it relates to an article referred to in section 17(1)(a) or (b);
(f) require from a person in charge or any records referred to in section 17(1)(c) an explanation of any record or entry therein, and seize such record if it may afford evidence of any offence in terms of this Act;
(g) require any person who is the owner or in control of the premises referred to in section 17(1) to appear at a time and place fixed by the inspector, and question that person with regard to any matter which the inspector is investigating; or
(h) examine any relevant document of a manufacturer or importer of a commodity, or product or the supplier of a service in respect of which a compulsory specification is in force, to determine whether that manufacturer or importer has paid the prescribed fees referred to in section 14(3)(b).

 

(2) A person questioned by an inspector conducting an investigation in terms of this section must answer each question truthfully and to the best of his or her ability.

 

(3) No self-incriminating answer given or statement made to an inspector is admissible as evidence in criminal proceedings against the person who gave the answer or made the statement, except in criminal proceedings where the person concerned stands trial on a charge contemplated in section 34(1)(i), (j) or (k).

 

 


500 - Internal Server Error
500 - Internal Server Error

We're sorry, but something went wrong displaying that page. While we work on fixing this, you can return to the home page.

Alternatively, email [email protected] for assistance.