On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/05/2013.
PART XIII
INSPECTION AND ENQUIRY
103.
—(1) The Commissioner or any inspecting officer shall, for the purposes of this Act, have power to do all or any of the following:
(a)
to enter and search, by day or by night, any premises or part thereof when he has reasonable cause to believe that evidence of the commission of an offence under this Act can be found therein;
(b)
to examine orally any person reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and to reduce into writing the answer given or statement made by that person;
(c)
to require any person whom the Commissioner or inspecting officer has reason to believe has any document, including documents of identity or documents containing information relevant to the carrying out of the provisions of this Act, to produce any such document and to answer such questions relating thereto as he may think proper to ask;
(d)
to examine notices and all documents which are required to be kept under the provisions of this Act or any regulations made thereunder and any document required to be produced under paragraph (c);
(e)
to make copies of or retain any notice or document referred to in paragraph (d);
(f)
to retain for purposes of analysis samples of materials and substances used or handled by employees, except that the employer or his representative shall be notified of any such samples of materials or substances taken or removed for this purpose;
(g)
to take such photographs or video recording, as the Commissioner or inspecting officer thinks necessary, of the premises and persons reasonably believed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act;
(h)
to require any person to produce any article which is relevant to any investigation under this Act and, if necessary, to take into custody any such article.
[32/2008]
(2) The person referred to in subsection (1)(b) shall be bound to state truly the facts and circumstances with which he is acquainted.
[32/2008]
(3) A statement made by the person referred to in subsection (1)(b) shall be read over to him and shall, after correction, if necessary, be signed by him.
[32/2008]
(4) The Commissioner or the inspecting officer shall, if required to do so, show his credentials.
[32/2008]
104. On entering any place of employment under section 103, the Commissioner or the inspecting officer shall notify the employer or his representative of his presence unless he considers that such a notification may be prejudicial to the efficient performance of his duties.
[21/84; 36/95; 32/2008]
Powers of Commissioner and inspecting officer
105. [Repealed by Act 32 of 2008]
106. No person shall otherwise than in the performance of his duties reveal any manufacturing or commercial secrets which may at any time come to his knowledge in the course of his duty as an inspecting officer.
107. Any person who —
(a)
without reasonable excuse, neglects or refuses to produce any document or article as required under section 103;
(b)
makes to the Commissioner or an inspecting officer exercising the powers under section 103 a statement either orally or in writing which is false in a material particular; or
(c)
otherwise hinders or obstructs the Commissioner or an inspecting officer in the exercise of the powers under section 103,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
[32/2008]