96General investigative powers of officers

96 General investigative powers of officers

(1)  [Section 96 Subsection (1) amended by No. 32 of 2012, s. 10, Applied:25 Feb 2013] [Section 96 Subsection (1) amended by No. 22 of 2011, s. 12, Applied:22 Jul 2011] An authorised officer or water and sewerage officer who enters a place under this Part may exercise any one or more of the following powers:

(a) investigate whether the provisions of this Act are being, or have been, complied with;

(b) search for, examine and copy, or take an extract from a document or record of any kind as reasonably required for the purposes of the enforcement of this Act;

(c) take photographs or make films or other records of activities in the place;

(d) take samples of water or sewage in the place;

(e) take possession of any thing that may be evidence of an offence against this Act.

(2)  [Section 96 Subsection (2) amended by No. 22 of 2011, s. 12, Applied:22 Jul 2011] If an authorised officer or water and sewerage officer takes possession of any thing that may be evidence of an offence –

(a) [Section 96 Subsection (2) amended by No. 22 of 2011, s. 12, Applied:22 Jul 2011] the officer must give the occupier of the place a receipt for the thing; and

(b) the thing must be returned to its owner –

(i) [Section 96 Subsection (2) amended by No. 22 of 2011, s. 12, Applied:22 Jul 2011] if proceedings for an offence are not commenced within 6 months after the officer takes possession of the thing, at the end of that period; or

(ii) if such proceedings are commenced within that period, on completion of the proceedings, unless the court, on application by the Regulator, orders confiscation of the thing.

(3)  A court may order the confiscation of a thing of which an authorised officer or water and sewerage officer has taken possession under if the court is of the opinion that the thing has been used for the purpose of committing an offence or that there is some other proper reason for ordering its confiscation.