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Formal Consolidation |  2011 RevEd
Inspection of salespersons
47.  An inspector may, from time to time, for the purpose of ascertaining whether this Act has been or is being complied with or any investigation under this Act, require any salesperson to appear before an inspector or any officer of the Council and —
(a)to produce for inspection any book, document, material or article which is in the possession or under the custody of that person, which the inspector or an officer of the Council may retain or make copies of for further examination; or
(b)to furnish any information which is within the knowledge or power of the person to furnish relating to his work as a salesperson that the inspector may specify.
Informal Consolidation | Amended Act 24 of 2020
Additional powers to investigate offences
47.—(1)  In addition to the powers conferred on an inspector by this Act, an inspector who has reasonable grounds for believing that an offence under this Act has been committed may —
(a)at reasonable hours, enter any premises (whether or not in the possession or control of a licensed estate agent) on which the inspector has reasonable cause to believe evidence of the commission of the offence may be found, and search and inspect any document, computer, computer program, computer software or computer output on those premises;
(b)require any person whom the inspector reasonably believes to have committed the offence to provide evidence of the person’s identity; and
(c)take any photograph or make any video or audio recording or sketch —
(i)of any person reasonably believed to be acquainted with the facts or circumstances of the case, or with such other matter as the inspector may specify; and
(ii)on the premises as the inspector thinks necessary.
(2)  The power of an inspector to search and inspect any document, computer, computer program, computer software or computer output under subsection (1)(a) includes the power to —
(a)without payment, inspect, copy or take extracts from the document, computer, computer program, computer software or computer output; and
(b)without payment, take possession of the document, computer, computer program, computer software or computer output where, in the opinion of the inspector —
(i)the inspection, copying of or extraction from any part of the document, computer, computer program, computer software or computer output cannot reasonably be performed without taking possession;
(ii)the document, computer, computer program, computer software or computer output may be interfered with or destroyed unless possession is taken; or
(iii)the document, computer, computer program, computer software or computer output may be required as evidence in proceedings instituted or commenced for an offence under this Act.
[Act 24 of 2020 wef 30/07/2021]