evidence or an order of court, that item shall be returned as soon as possible to the person from whom it was
seized.
(6)
After the conclusion of criminal proceedings any item seized in terms of subsection (4) and which
served as an exhibit in proceedings in which a person was convicted, shall be handed over to the inspector to
be destroyed or otherwise dealt with as instructed by the registrar.
Routine inspections by inspectors
Section 16
An inspector may during office hours, without warrant, enter any place or facility registered in terms of this
Act in order to(a)
open any container found in or upon such place or facility and which the inspector believes on
reasonable grounds to contain material of any genetically modified organism;
(b) examine the material of any genetically modified organism and take samples thereof;
(c) inspect any activity or process carried out in or upon the place or facility in connection with
genetically modified organisms: and
(d) require the owner or occupier thereof to produce for inspection or for the purpose of obtaining
copies or extracts thereof or therefrom any book, label, shipping bill, bill of lading or other document with
respect to the administration of this Act.
Determination of risks and liability
Section 17
(1)
Users shall ensure that appropriate measures are taken to avoid an adverse impact on the environment
which may arise from the use of genetically modified organisms.
(2)
The liability for damage caused by the use or release of a genetically modified organism shall be
borne by the user concerned: Provided that when such an organism was in the possession of an inspector as
set out in section 15(4), the user concerned at the time of such use or release shall not be held liable for any
damage unless such user foresaw or should have foreseen such damage and could or should have prevented
the damage but failed to take reasonable action to prevent such damage.
Confidentiality
Section 18
(1)
No person shall disclose any information acquired by him or her through the exercise of his or her
powers or the performance of his or her duties in terms of this Act, except(a) in so far as it is necessary for the proper application of the provisions of this Act;