| (a) | shall, subject to the laws governing the public service, appoint any person in the public service as Controller of Petroleum Products and may appoint persons in the public service as regional controllers of petroleum products or as inspectors for the Republic or any part thereof; |
| (b) | may on such conditions and at such remuneration as he or she may in consultation with the Minister of Finance determine, appoint or authorise any other person or person belonging to any other category of persons to act as regional controller of petroleum products or as inspector for the Republic or any part thereof. |
[Section 3(1) substituted by section 4 of Act No. 58 of 2003]
| (2) | Subject to the provisions of this Act, the Controller of Petroleum Products, a regional controller of petroleum products and an inspector— |
| (a) | may assist the Minister in the exercise of his powers and the performance of his functions under this Act; |
| (b) | may gather such information in connection with the operation or administration of this Act as the Minister may desire, and investigate any offence relating to this Act. |
| (3) | The Minister shall, subject to the provisions of this Act, determine the powers, duties and functions of the Controller of Petroleum Products, a regional controller of petroleum products and an inspector, and different powers, duties and functions may thus be determined in respect of different persons or categories of persons appointed or authorised under subsection (1). |
| (a) | Until such time as a notice is issued under section 334(1) of the Criminal Procedure Act, 1977, in respect of an inspector under this Act, the Minister may in respect of an offence under this Act, by regulation confer upon an inspector such powers as he may deem necessary, expedient or useful in respect of— |
| (i) | the searching without warrant of any premises, including any vehicle, vessel or aircraft and any receptacle of whatever nature; |
| (ii) | the seizure without warrant of any petroleum product and the disposal thereof. |
| (b) | Different powers may be conferred under paragraph (a), or under the said section 334(1), in respect of different inspectors or categories of inspectors. |
| (c) | A notice issued under the said section 334(1) shall have the effect of repealing any regulation made under paragraph (a). |
| (5) | An inspector, when exercising any power or performing any function under this section or a notice under section 334(1) of the Criminal Procedure Act, 1977, shall be subject to the directions and control of the Minister and no power conferred upon such inspector shall be exercised by him unless he is at the time of exercising such power in possession of a certificate of appointment issued by the Minister in terms of subsection (l)(a) or (b), which certificate shall be produced on demand. |
| (6) | A document in the form determined by the Minister, certifying that any person has been appointed or authorised to act as Controller of Petroleum Products or as regional controller of petroleum products or as inspector under this Act, and purporting to have been signed by a person designated for the purpose by the Minister, shall be prima facie proof of such appointment or authorisation. |
