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Powers of employment inspector
16.
—(1)  An employment inspector shall, for the purposes of this Act, have power to do all or any of the following things:
(a)
to enter and search, by day or by night, any premises or part thereof when he has reasonable cause to believe that any person is employed therein or accommodated thereat or that evidence of the commission of an offence under this Act can be found therein;
(b)
to require any person who the employment inspector has reason to believe has any document, including documents of identity and travel documents, or information relevant to the carrying out of the provisions of this Act, to produce any such document or give such information;
(c)
to retain any document relevant to the carrying out of the provisions of this Act;
(d)
to examine orally any person supposed 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 who shall be bound to state truly the facts and circumstances with which he is acquainted; and the statement made by that person shall be read over to him and shall, after correction, be signed by him;
(e)
to require by order in writing the attendance before him of any person who, from information given or otherwise, appears to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act, and that person shall so attend as required and if he fails to attend as so required, to report such failure to a Magistrate who may thereupon issue a warrant to secure the attendance of that person as required by the order;
(f)
to take such photographs as he 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;
(g)
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.
(2)  An employment inspector may require the occupier of any premises and his agents and any person found in the premises to furnish such means required by the employment inspector as necessary for any entry, search, examination or investigation, and the taking of photographs or the taking of articles into custody or otherwise for the exercise of his powers under this Act.
(3)  An employment inspector may, after concluding his investigation, hand over to an immigration officer any travel document which he has taken into custody or has been produced to him.
(4)  If any person —
(a)
intentionally offers any resistance to or wilfully delays an employment inspector in the exercise of any power under this section;
(b)
fails to comply with the requisition of an employment inspector under this section;
(c)
fails to produce any document which he is required by or under this section to produce;
(d)
wilfully withholds any information as to who is the occupier of the premises or who is the principal contractor or who is his employer; or
(e)
conceals or prevents or attempts to conceal or prevent a person from appearing before or being examined by an employment inspector,
that person shall be deemed to obstruct an employment inspector in the execution of his duties under this Act.
(5)  Every employment inspector shall have authority to appear in court and conduct any prosecution in respect of any offence under this Act or any regulations made thereunder.
History for Provision '16 Powers of employment inspector'.
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pr16-.
01/03/1991
Formal Consolidation
01 March 1991
1991 RevEd
 

20/12/1997
Formal Consolidation
20 December 1997
1997 RevEd
 
Compare versionsDiff

01/07/2007
Informal Consolidation
11 June 2007
Amended
Act 30 of 2007

31/07/2009
Formal Consolidation
31 July 2009
2009 RevEd
 
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02/01/2011
Informal Consolidation
25 June 2010
Amended
Act 15 of 2010

09/11/2012
Informal Consolidation
09 November 2012
Amended
Act 24 of 2012