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Formal Consolidation |  Act 46 of 2004
Power to enter premises without warrant
64.—(1)  Any officer of the Commission who is authorised by the Commission to do so (an investigating officer) and any inspector may enter any premises in connection with an investigation under section 62.
(2)  No investigating officer or inspector shall enter any premises in the exercise of his powers under this section unless he has given the occupier of the premises a written notice which —
(a)gives at least 2 working days’ notice of the intended entry;
(b)indicates the subject matter and purpose of the investigation; and
(c)indicates the nature of the offences created by sections 75 to 78.
(3)  Subsection (2) shall not apply —
(a)if the investigating officer or inspector has reasonable grounds for suspecting that the premises are, or have been, occupied by an undertaking which is being investigated in relation to —
(i)an agreement referred to in section 34;
(ii)conduct referred to in section 47; or
(iii)a merger referred to in section 54; or
(b)if the investigating officer or inspector has taken all such steps as are reasonably practicable to give notice but has not been able to do so.
(4)  Where subsection (3) applies, the power of entry conferred by subsection (1) shall be exercised —
(a)in the case of an investigating officer, upon production of —
(i)evidence of his authorisation; and
(ii)a document containing the information referred to in subsection (2)(b) and (c); and
(b)in the case of an inspector, upon production of —
(i)evidence of his appointment as an inspector; and
(ii)a document containing the information referred to in subsection (2)(b) and (c).
(5)  An investigating officer or inspector entering any premises under this section may —
(a)take with him such equipment as appears to him to be necessary;
(b)require any person on the premises —
(i)to produce any document which he considers relates to any matter relevant to the investigation; and
(ii)if the document is produced, to provide an explanation of it;
(c)require any person to state, to the best of his knowledge and belief, where any such document is to be found;
(d)take copies of, or extracts from, any document which is produced;
(e)require any information which is stored in any electronic form and is accessible from the premises and which the investigating officer or inspector considers relates to any matter relevant to the investigation, to be produced in a form —
(i)in which it can be taken away; and
(ii)in which it is visible and legible; and
(f)take any step which appears to be necessary for the purpose of preserving or preventing interference with any document which he considers relates to any matter relevant to the investigation.
[40/2005 wef 01/01/2006]
Informal Consolidation | Amended S 870/2005
Power to enter premises without warrant
64.—(1)  Any officer of the Commission who is authorised by the Commission to do so (an investigating officer) and any inspector may enter any premises in connection with an investigation under section 62.
(2)  No investigating officer or inspector shall enter any premises in the exercise of his powers under this section unless he has given the occupier of the premises a written notice which —
(a)gives at least 2 working days’ notice of the intended entry;
(b)indicates the subject matter and purpose of the investigation; and
(c)indicates the nature of the offences created by sections 75 to 78.
(3)  Subsection (2) shall not apply —
(a)if the investigating officer or inspector has reasonable grounds for suspecting that the premises are, or have been, occupied by an undertaking which is being investigated in relation to —
(i)an agreement referred to in section 34;
(ii)conduct referred to in section 47; or
(iii)a merger referred to in section 54; or
(b)if the investigating officer or inspector has taken all such steps as are reasonably practicable to give notice but has not been able to do so.
(4)  Where subsection (3) applies, the power of entry conferred by subsection (1) shall be exercised —
(a)in the case of an investigating officer, upon production of —
(i)evidence of his authorisation; and
(ii)a document containing the information referred to in subsection (2)(b) and (c); and
(b)in the case of an inspector, upon production of —
(i)evidence of his appointment as an inspector; and
(ii)a document containing the information referred to in subsection (2)(b) and (c).
(5)  An investigating officer or inspector entering any premises under this section may —
(a)take with him such equipment as appears to him to be necessary;
(b)require any person on the premises —
(i)to produce any document which he considers relates to any matter relevant to the investigation; and
(ii)if the document is produced, to provide an explanation of it;
(c)require any person to state, to the best of his knowledge and belief, where any such document is to be found;
(d)take copies of, or extracts from, any document which is produced;
(e)require any information which is stored in any electronic form and is accessible from the premises and which the investigating officer or inspector considers relates to any matter relevant to the investigation, to be produced in a form —
(i)in which it can be taken away; and
(ii)in which it is visible and legible; and
(f)take any step which appears to be necessary for the purpose of preserving or preventing interference with any document which he considers relates to any matter relevant to the investigation.
[40/2005 wef 01/01/2006]