Animal Identification Act, 2002 (Act No. 6 of 2002)12. Powers of entry, investigation and seizure |
| (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 the powers and perform the functions referred to in subsection (4). |
| (2) | Every inspector must 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 must, at the request of any person affected by the exercise of a power 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— |
| (a) | enter upon any place, premises or conveyance in or upon which any animal, carcass or hide of any animal, or marking instrument or other instrument for marking animals, or any certificate or document, or register of marking operators in respect of which this Act applies, is or is upon reasonable grounds suspected to be; |
| (b) | clip or otherwise remove hair from any such animal, carcass or hide in order to facilitate examination for identification marks; and |
| (c) | seize any animal or object found in respect of which he or she has reason to suspect that this Act has been contravened. |
(5)
| (a) | A warrant referred to in subsection (4) must be issued by a magistrate who has jurisdiction in the area in which the place or facility in question is situated, and may 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 in or upon such place or facility. |
| (b) | A warrant issued in terms of this section must be executed with strict regard to decency and order. |
(6)
| (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 must 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, must be handed over to the inspector to be destroyed or otherwise dealt with as instructed by the registrar. |