(1)
Subject to subsection (2), the Controller or an authorised officer may, at all
reasonable times, enter any business premises or place where any business is
carried on or anything is done in connection with the business and (a) (i)
have access to and inspect and check the operation of any computer
system and any associated apparatus or material which he has
reasonable cause to suspect is or has been in use;
(ii)
(b)
use or cause to be used any such computer system to search any
data contained in or available to such computer system; or
require (i)
the person by whom or on whose behalf the Controller or authorised
officer has reasonable cause to suspect the computer system is or
has been so used; or
(ii)
any person having charge of, or otherwise concerned with the
operation of, the computer system, apparatus or material,
to provide him with such reasonable technical and other assistance as he
may require for the purposes of paragraph (a).
(2)
46.
Subsection (1) shall not apply to any person who carries on any banking business
regulated by the Banking Act 1988 or the Bank of Mauritius Act.
Warrant to search and seize
(1)
Subject to subsection (2), where the Controller has reasonable ground to believe
that an offence has been, is being or is likely to be committed under this Act, he
may apply to a District Magistrate for the issue of a warrant to an authorised officer
to (a)
enter and search any business premises or place where any business is
carried on or anything is done in connection with the business;
(b)
inspect or examine any equipment, apparatus, material, record, document
or other information, whether kept on computer or otherwise, found therein;
and
(c)
seize any such equipment, apparatus, material, record, document or other
information, where such seizure is necessary for any examination or
investigation.
(2)
Subsection (1) shall not apply to any person referred to in section 45(2).
(4)
Any equipment, apparatus, material, record, document or other information seized
under subsection (1)(c) shall be returned to the person from whom they were
seized when no longer required.