No. 4378
Government Gazette 16 November 2009
Act No. 8, 2009
83
COMMUNICATIONS ACT, 2009
(2)
An inspector may put any question to any person, or may examine
any book, document, telecommunication facility, any telecommunications equipment
or any other object, in order to obtain any information required by the Authority for the
purpose of performing any function under this Act.
Power to enter and search
126.
(1)
If in the opinion of the Authority it is necessary in order to
perform any function under this Act, it may issue a warrant instructing any provider
of telecommunications services to allow an inspector to enter and search any premises
used by that person for the conducting of its business: Provided that nothing in this
section authorises an inspector to search any premises or part of any premises that is
used as the dwelling of any person.
(2)
to execute.
A warrant referred to in subsection (1) must be handed to an inspector
(3)
An inspector executing a warrant referred to in subsection (1), may
enter any premises and there –
(a)
make such investigation or inquiry;
(b)
seize anything which in his or her opinion has a bearing on the
investigation;
(c)
examine any article or document that is on or in those premises that has
a bearing on the investigation;
(d)
request information about any article or document from the owner
of, or person in control of, the premises or from any person who has
control of the article or document, or from any other person who may
have the information;
(e)
take extracts from, or make copies of, any book or document that is on
or in the premises that has a bearing on the investigation;
(f)
in the presence of a person in charge of, or employed at, the premises,
use any computer system on the premises, or require the assistance of
any such person to use that computer system, to –
(g)
(i)
search any data contained in or available to that computer
system;
(ii)
reproduce any record from that data; and
(iii)
seize any output from that computer system for examination
and copying; and
attach and, if necessary, remove from the premises for examination and
safekeeping anything that has a bearing on the investigation.
(4)
Notwithstanding paragraph (f) of subsection (3), if a person
contemplated in that paragraph is not present or not able to give the assistance required
by the authorised officer, the inspector may proceed to use the computer system if in the