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Part 3 » Inspectorate

7. Inspector

  1. The Civil Service Commission may appoint a suitably qualified person to be an inspector for the purposes of ensuring compliance with this Act.
  2. The Civil Service Commission shall issue an inspector with an identification card and a certificate of appointment in the prescribed form which are prima facie evidence of the inspector’s appointment.

8. Power of inspectors

  1. An inspector may, for the purpose of enforcing the provisions of this Act, at any reasonable time and with a warrant —

    1. enter and inspect the business premises of a data controller or data processor;
    2. inspect equipment and supplies in or about the licensed premises;
    3. have access to and inspect, examine and audit documents, books and records of the data controller or data processor;
    4. remove a document, book, record or other document which an inspector believes may afford evidence of offence under this Act;
    5. require from a data controller or data processor an explanation of any record or entry in the document, book, record or other document;
    6. make copies of or extracts from, a document, book, record or other document relating to the licensed activity on any premises that has a bearing on an investigation; and
    7. remove from the premises any equipment, commodity or product used in contravention of this Act.

  2. An inspector may perform an inspection for the purposes of ensuring a data controller’s or data processor’s compliance with this Act.

  3. A data controller or data processor shall afford an inspector access to any record or document for purposes of an inspection and produce to the inspector, a record or document that the inspector may require.
  4. An inspector shall exercise the power under subsection (1)(a) in relation to a dwelling house or any land or building occupied as a private dwelling, during the day with a warrant.

  5. An inspector who removes an article, document, record, book or any other thing from any premises under subsection (1), shall—

    1. issue a receipt for the article, document, record, book or any other thing to the owner or person in control of the premises; and
    2. return the article, thing, record, book or any other document as soon as practicable after achieving the purpose for which it was removed.

9. Arrest without warrant

  1. An inspector may arrest a person, without a warrant, where the inspector has reasonable grounds to believe that the person —

    1. has committed an offence under this Act;
    2. is about to commit an offence under this Act and there is no other way to prevent the commission of the offence; or
    3. is willfully obstructing an inspector in the execution of the inspector’s duties.

  2. An inspector who makes an arrest under subsection (1) shall, without delay, have the person arrested brought to a police station.

10. Seizure of property

A law enforcement officer may seize and detain property which the inspector has reason to believe was used to commit an offence under this Act until an order of the court is made regarding the disposal thereof.

11. Restoration of property

  1. A law enforcement officer shall, where a person from whom an article or other property has been seized under section 10 is found not guilty or the proceedings against that person are withdrawn —

    1. without delay, restore the article or property to that person; or
    2. where the enforcement officer is satisfied that the person cannot be found or is unwilling to receive back the article or property, apply to the court for an order of forfeiture of the article or property.

  2. The court shall make an order of forfeiture under subsection (1) if —

    1. the law enforcement officer has given notice, by publication in the Gazette and in a daily newspaper of general circulation in the Republic, to the effect that the article or property which has been seized under this Act shall vest in the State if it is not claimed within three months from the date of publication of the notice; and
    2. three months after the giving of the notice under paragraph (a), the article or property remains unclaimed.

  3. Where a claim is made, in writing, by a person that is lawfully entitled to the article or property seized under this Act, the law enforcement officer may order the release of the article or property to the claimant if satisfied that there is no dispute concerning the ownership of the article or property and that it is not liable to forfeiture.