[Section 15A heading substituted by section 14 and section 33(h) of Proc 52, GG 45959, dated 25 February 2022]
| (1) |
A compliance officer may, for the purpose of achieving the objects of this Act and of— |
| (a) |
advise the distributors and exhibitors of films and games, of the requirements of this Act with regard to the distribution or exhibition of films and games; and |
| (b) |
ensure that all films and games offered for sale or hire by a distributor or an online distributor have been classified and labelled in terms of this Act and that all such films and games display, in the prescribed manner, the classification reference number, the age restriction, consumer advice and such other conditions as may have been imposed on the distribution of such films and games by the Board |
[Section 15A(1) substituted by section 14 of Proc 52, GG 45959, dated 25 February 2022]
| (1A) |
For the purpose of subsection (1), the compliance officer may— |
| (a) |
at all reasonable times, with the consent of the person in charge of such premises or with the assistance of a member of the South African Police Service, enter any premises on or in which the business of the sale, hire or exhibition of films or games is being conducted; |
| (b) |
at all reasonable times, with the consent of the person in charge of such premises or facility or the assistance of the South African Police Services, enter any premises or facilities that are used to store films or games being distributed or intended for distribution, and view and take copies of all the information, reports, documents and other material needed for the inspection of labelling; with the consent of the person in charge of such premises or the assistance of the South African Police Services, enter the premises of any internet access providers to check compliance with this Act; |
| (c) |
review a product list of all films and games offered for sale or hire through the internet which can be accessed by any persons; |
| (d) |
with the consent of the person in charge of operating the online medium or the assistance of the South African Police Services, review a product list of all films and games offered for sale or hire through an online medium which can be accessed by a closed group of persons; |
| (e) |
in the prescribed form, issue a compliance notice and notice to remove from display, including from display in an online medium, unclassified films or games; |
| (f) |
with the consent of the person in charge of such premises or the assistance of the South African Police Services, seize any unclassified film or game or any film or game that does not comply with the requirements of this Act; |
| (g) |
direct that the film, game or publication contemplated in paragraph (vii) be removed from display, including from display in an online medium, or offer for sale or hire until it complies with the requirements of this Act or complies with any decision of the Board with regard to its distribution ; |
| (h |
request the production of a certificate of registration as a distributor or exhibitor of film or games issued by the Board; |
| (i) |
where relevant, request the production of a licence to conduct the business of adult premises issued by a licensing authority contemplated in section 24; and |
| (j) |
with the consent of the person in charge of the premises or the assistance of the South African Police Services, examine or inspect any premises being used to conduct the business of adult premises for compliance with the conditions contemplated in section 24(2). |
| (2) |
Any entry and inspection of premises or facility made in terms of subsection (1) may occur at any reasonable time but must be conducted with strict regard for decency and order, and with regard to each person's right to dignity, freedom, security and privacy. |
| (3) |
A record shall be kept of any material seized in terms of subsection (1) indicating the purpose of seizure and the material seized: Provided that the person from whom the material is seized, if identifiable, is provided with a copy of such a record. |
| (4) |
In order to give effect to the objects of the Act and fulfillment of the functions of the compliance officer provided for in this section, the Minister may, with the concurrence of the Minister of Police, deploy a member of the South African Police Service within the Board to carry out any compliance or monitoring duties. |
[Section 15A substituted by section 14 of Proc 52, GG 45959, dated 25 February 2022]
Statistics Act, 1999
