Antarctic Treaties Act, 1996 (Act No. 60 of 1996)

Regulations

Antarctic Treaties Regulations, 2021

Chapter 7 - Compliance and Enforcement

34. Criminal investigation powers

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(1) Where an inspector has reasonable grounds to believe that an offence under the Act or these Regulations has been committed, the inspector may, with a warrant, subject to sub-regulation (2)—
(a) enter and search any facility, its infrastructure, equipment, any product and any document or record;
(b)stop, enter and inspect any vehicle, vessel or aircraft, for the purpose of searching for admissible evidence of an offence committed
(c) require any person who may have information concerning a possible offence to furnish his or her personal information, including his or her name, identity number, mobile phone number and address.
(c) seize anything in or on a premise, land, vehicle, vessel, container, bag, box or item that—
(i) is concerned in or is on reasonable grounds believed to be concerned in the commission of an offence;
(ii) may be used as evidence in the prosecution of any person for an offence;
(iii) is intended to be used, or is on reasonable grounds believed to be intended to beused, in the commission of an offence;
(iv) which is being, or is likely to be, used in a manner that is causing or may cause significant pollution or degradation of the environment;
(g) give any lawful and reasonable instruction.

 

(2) An inspector may act without a warrant in terms of sub-regulation (1), but only if—
(a) the person in control of the premises consents to the entry and inspection; or
(b) there are reasonable grounds to believe that a warrant would on application be issued, but that the delay that may be caused by applying for a warrant would defeat the object of the entry or inspection.

 

(3) An inspector must provide receipt for any item seized in terms of sub-regulation (1).