| (1) |
The registrar may appoint any officer, or with the approval of the Minister, any person who is not an officer, as an inspector to exercise and perform the functions referred to in subsection (4) and in section 16. |
| (2) |
Every inspector shall be furnished with a certificate signed by the registrar stating that he or she has been appointed as inspector under this Act. |
| (3) |
An inspector shall, at the request of any person affected by the exercise or performance of a function by such an inspector, exhibit the certificate referred to in subsection (2) to such a person. |
| (4) |
An inspector may, on the authority of a warrant issued in terms of subsection (5), conduct an investigation to determine whether the provisions of this Act are being or have been complied with, and may, for that purpose during normal office hours and without giving prior notice, enter any place or facility in respect of which he or she has reason to believe that a contravention of the provisions of this Act is taking place— |
| (a) |
to inspect any activity or process carried out in or upon such place or facility in connection with any activities referred to in this Act; |
| (b) |
to request any information regarding such an activity or process from the owner or person in charge of such place or facility or from any person carrying out or in charge of the carrying out of such activities; |
| (c) |
to seize any appliance, book, statement, document or genetically modified organism and take samples of material or substances which appear to provide proof of a contravention of any provision of this Act; |
[Section 11(5)(4)(c) substituted by section 10 of Act No. 23 of 2006]
| (d) |
to give notice to the owner of any material, substance, genetically modified organism, appliance, book, statement or document seized under paragraph (c) or to the person who had control over it immediately before any seizure under paragraph (c) to remove the seized items at such person's own cost within a period and to a place specified in such notice; |
[Section 11(5)(4)(d) substituted by section 10 of Act No. 23 of 2006]
| (e) |
to dispose of or repatriate any genetically modified organism used or any material or substance used, affected or potentially affected if such activity has an adverse impact on the environment or human and animal health. |
[Section 11(5)(4)(c) inserted by section 10 of Act No. 23 of 2006]
| (a) |
A warrant referred to in subsection (4) shall be issued by a magistrate who has jurisdiction in the area in which the place or facility in question is situated, and shall only be issued if it appears from information on oath that there are reasonable grounds to believe that any material, substance, appliance, book, statement or document that may relate to a contravention of this Act, is upon or in such place or facility. |
| (b) |
A warrant issued in terms of this section shall be executed with strict regard to decency and order. |
| (a) |
If no criminal proceedings are instituted in connection with any item referred to in subsection (5)(a), seized in terms of subsection (4), or if it appears that such item is not required at any trial for the purpose of evidence or an order of court, that item shall be returned as soon as possible to the person from whom it was seized. |
| (b) |
After the conclusion of criminal proceedings any item seized in terms of subsection (4) and which served as an exhibit in proceedings in which a person was convicted, shall be handed over to the inspector to be destroyed or otherwise dealt with as instructed by the registrar. |
Older Persons Act, 2006
