| (1) |
Any inspector or examiner or any employee of a statutory body furnished in writing with inspection or examination authority by the director, or any policeman, may conduct investigations to ascertain whether the provisions of this Act are being or have been complied with, and may for that purpose open packages containing goods prepacked for sale. |
| (2) |
Any inspector, examiner or employee referred to in subsection (1), or any policeman, may at all reasonable times— |
| (a |
enter any place or stop and enter any vehicle— |
| (i) |
in respect of which he has reason to believe that there is on or in it |
[Item (aa) substituted by section 3 (a) of Act No. 34 of 1975.]
| (ii) |
in respect of which he has reason to believe that it is connected with |
| (aa) |
any measuring instrument or container used or intended to be used for any prescribed purpose; or |
[Item (aa) substituted by section 3 (b) of Act No. 34 of 1975.]
| (b) |
inspect or examine any measuring instrument, container, goods, articles or other thing which may in terms of this Act be inspected or examined, or order that for the purposes of inspection or examination such measuring instrument, container, goods, articles or other thing be placed at his disposal; |
[Paragraph (b) substituted by section 3 (c) of Act No. 34 of 1975.]
| (c) |
inspect, verify or test or cause to be verified or tested any measuring instrument or container used for any prescribed purpose or which is subject to any provision of this Act and which is in the possession of any person or is found on any premises; |
[Paragraph (c) substituted by section 3 (d) of Act No. 34 of 1975.]
| (d) |
seize and retain any measuring instrument, container, goods, articles or other thing which may be confiscated or seized in terms of this Act; |
[Paragraph (a) substituted by section 3 (e) of Act No. 34 of 1975.]
| (e) |
order any person carrying goods for sale, to stop; and |
| (f) |
examine and measure or count the quantity of any goods for sale by means of any measuring instrument referred to in section 11 or by means of any certified measuring instrument found at the place where such goods are found or on any vehicle on which such goods are carried for sale. |
| (3) |
Any person in charge of measuring instruments, containers or goods which are being inspected or examined by any inspector, examiner or employee referred to in subsection (1), or any policeman, or any agent or employee of such person, shall at the request of any such inspector, examiner, employee or policeman render such assistance as may be necessary for the purpose of verifying or testing such measuring instruments or containers or of measuring or counting the quantity of such goods. |
[Sub-section (3) substituted by section 3 (f) of Act No. 34 of 1975.]
| (4) |
Any person using any measuring instrument in trade in connection with the measuring of the quantity of goods sold by him shall, on demand of the purchaser of such goods produce such measuring instrument and any document relating to the certification thereof to such purchaser for his examination, unless the measuring instrument in question has by regulation been exempted from certification or re-certification. |
[Sub-section (4) substituted by section 3 (g) of Act No. 34 of 1975.]
| (a) |
fails on demand to produce to, or put at the disposal of, any inspector, examiner or employee referred to in subsection (1), or any policeman, anything in his possession or on his premises which may relate to any inspection or examination; or |
| (b) |
fails on demand to produce for inspection or examination under subsection (1) or (4) any measuring instrument, or any document relating to the certification thereof, in his possession or on his premises; or |
| (c) |
fails to comply with any order given under subsection (2)(e) or any request made under subsection (3); or |
| (d) |
fails on demand to produce to any inspector, examiner or employer referred to in subsection (1), or to any policeman, any invoice, delivery note or other document relating to any measuring instrument or goods which may be inspected or examined by such inspector, examiner, employee or policeman; or |
| (e) |
hinders or obstructs any inspector, examiner or employee referred to in subsection (1), or any policeman, in the exercise of his powers under this section; or |
| (f) |
falsely holds himself out to be an inspector, examiner or employee referred to in subsection (1), |
shall be guilty of an offence.
Special Investigating Units and Special Tribunals Act, 1996
