5Powers of inspectors

5 Powers of inspectors

[Section 5 Subsection (1) amended by No. 69 of 1987, s. 4 ][Section 5 Subsection (3) amended by No. 67 of 1994, s. 3 and Sched. 1 ][Section 5 Subsection (4) amended by No. 69 of 1987, s. 4 ]

(1)  An authorized officer may –

(a) [Section 5 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002] enter any premises where any prescribed articles of clothing are manufactured or sold or where he has reasonable grounds for believing any such articles are manufactured or sold; and

(b) [Section 5 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002] inspect any documents or things he finds on any such premises that, in his opinion, relate to the manufacture or sale of prescribed articles of clothing; and

(c) require any person whom he finds on any such premises to give him such information as he may require with regard to any prescribed article of clothing thereon (whether manufactured or partly manufactured) or any material or article thereon that appears to him to be intended for use for the manufacture of prescribed articles of clothing on those premises; and

(d) seize and detain any prescribed article of clothing, or any document or thing that he believes, on reasonable grounds, would afford evidence of the commission of an offence under this Act.

(2)  A person is not obliged under subsection (1) to give any information that may tend to incriminate him.

(3)  A person who, without reasonable excuse (proof whereof lies on him) –

(a) refuses or fails to give any information required of him under subsection (1) ; or

(b) in response to such a requirement gives any information that is false in a material respect –

is guilty of an offence and liable to a fine not exceeding 2 penalty units.

(4)  Where any article, document, or thing is seized under this section the authorized officer may cause it to be retained until the termination of the proceedings for the offence in relation to which it was so seized, except that if those proceedings are not commenced within 28 days of the seizure the authorized officer or the person having the custody or charge of the article, document, or thing shall cause it to be returned to the premises on which it was seized.