WIPO Database of Intellectual Property
Legislative Texts
SOUTH AFRICA
any power or duty which is granted to or imposed upon the administering officer by or under this Act,
at any reasonable time without prior notice enter upon any place, premises or conveyance.
(b)
The provisions of paragraph (a) shall in connection with the exercise of a function
conferred on the board by or under this Act or in terms of a scheme, apply mutatis mutandis to–
(i) a person employed by the board;
(ii) any person with whom the board has entered into an agreement in terms of
section 2 (10) (a) (v); and
(iii) any person employed by a person referred to in subparagraph (ii).
(c)
A person who enters upon any place, premises or conveyance in terms of this subsection
shall show proof of his identity and authority when requested thereto by the person in charge of the
place, premises or conveyance concerned.
(2) A person referred to in subsection (1) may, when acting under that subsection–
(a) take with him such assistants, appliances, instruments, tools or other things as he may deem
necessary for the relevant purpose;
(b) demand from the owner or person in charge of the place, premises or conveyance concerned all
reasonable assistance that such person may deem necessary in order to enable him to exercise,
carry out or perform his powers, duties or functions in connection with that place, premises or
conveyance;
(c)
examine or test any liquor product, material, substance or other article in respect of which this
Act or scheme applies and which is, or which is suspected to be, produced, processed, treated,
prepared, graded, classified, packed, marked, labelled, held, bottled, removed, transported,
exhibited or sold there;
(d) inspect the operations or processes in connection with any action referred to in paragraph (c), and
demand from the owner or custodian of the liquor product, material, substance or other article
concerned, or from the person supervising such operations or processes, any information or an
explanation regarding the operation, process, liquor product, material, substance or other article
concerned;
(e) take such samples of the liquor product, material, substance or other article concerned as he may
deem necessary, and for such purpose open any container in which that liquor product, material,
substance or other article is contained; and
(f)
examine and make copies of or take extracts from any book or document in respect of which he
on reasonable grounds suspects that it relates to such product, material, substance or other
article, irrespective of whether it is kept on or at the place, premises or conveyance concerned or
at any other place, and demand from the owner or custodian of such book or document an
explanation of any record or entry therein.
(3) The provisions of subsection (2) (d) and (f) shall not be construed as authorizing a person
referred to in subsection (1) to demand information by which he may acquire knowledge of any secret
formula for the production or blending of a liquor product.
(4) A sample taken in terms of subsection (2) (e) shall with the least possible delay be submitted to
an analyst for testing, examination or analysis.
(5) A person referred to in subsection (1) shall in respect of each sample taken of a liquor product
contained in a labelled container, issue a receipt of sampling to the custodian of the product concerned.
19. Seizures.–
(1) A person referred to in section 18 (1) may at any reasonable time and in any manner deemed fit
by him, without prior notice to any person, seize any liquor product, material, substance or other article, or
any book or document, that–
(a) is concerned or is on reasonable grounds believed by him to be concerned in the commission or
suspected commission of any offence under this Act;
(b) may afford evidence of the commission or suspected commission of any such offence; or
(c)
is intended or is on reasonable grounds believed by him to be intended to be used in the
commission of any such offence.
ZA011EN
Marks (Liquors), Act (Consolidation), 17/05/1989 (1993), No. 60 (No. 11)
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