Acts Online
GT Shield

Antarctic Treaties Act, 1996 (Act No. 60 of 1996)

Regulations

Antarctic Treaties Regulations, 2021

Chapter 7 - Compliance and Enforcement

34. Criminal investigation powers

 

(1) Where an inspector has reasonable grounds to believe that an offence under the Act or these Regulations has been committed, the inspector may, with a warrant, subject to sub-regulation (2)—
(a) enter and search any facility, its infrastructure, equipment, any product and any document or record;
(b) stop, enter and inspect any vehicle, vessel or aircraft, for the purpose of searching for admissible evidence of an offence committed
(c) require any person who may have information concerning a possible offence to furnish his or her personal information, including his or her name, identity number, mobile phone number and address.
(c) seize anything in or on a premise, land, vehicle, vessel, container, bag, box or item that—
(i) is concerned in or is on reasonable grounds believed to be concerned in the commission of an offence;
(ii) may be used as evidence in the prosecution of any person for an offence;
(iii) is intended to be used, or is on reasonable grounds believed to be intended to beused, in the commission of an offence;
(iv) which is being, or is likely to be, used in a manner that is causing or may cause significant pollution or degradation of the environment;
(g) give any lawful and reasonable instruction.

 

(2) An inspector may act without a warrant in terms of sub-regulation (1), but only if—
(a) the person in control of the premises consents to the entry and inspection; or
(b) there are reasonable grounds to believe that a warrant would on application be issued, but that the delay that may be caused by applying for a warrant would defeat the object of the entry or inspection.

 

(3) An inspector must provide receipt for any item seized in terms of sub-regulation (1).