to suspect is a listener to produce his licence for inspection.
(2) If a person referred to in subsection (1)¾
(a)
is unable to produce his licence on demand; or
(b)
cannot be located at his usual or last
known place of abode o r
business;
the inspector or police officer concerned may serve on that person a notice in the
prescribed form requiring that person to pr oduce that notice and his licence to the
police officer in charge of a police station within a period of seven days from the date
of service of that notice.
(3) It shall be the duty of a police offi cer to whom a notice and licence have been
produced in terms of subsection (2) forthwith¾
(a)
to issue to the person who produced the notice and licence a receipt in
the prescribed form; and
(b)
to notify the inspector or police officer who served the notice that the
notice and licence have been so produced.
(4) If a person referred to in subsection (1) who is una ble to produce his licence on
demand or cannot be located at his usual or last known pl ace of abode or business is
served with a notice referred to in subsection (2) and¾
(a)
fails to comply with the requirement contained in that notice, he shall
be presumed, until the contrary is proved, not to have been issued with a licence;
(b)
is subsequently prosecuted for failing to comply with the requirement
contained in that notice, he shall be presumed, until th e contrary is proved, not to
have produced that notice and his licen
ce in compliance with the requirement
contained in that notic e if the inspector of police officer who served that notice has
not been notified in terms of paragraph (b) of subsection (3).
(5) An inspector or police officer may at all reasonable times enter premises¾
(a)
in or on which a dealer carries on business; or
(b)
other than a dwelling-house, which are owned or occupied by a person
whom he has reasonable cause to suspect is in possession of a receiver; or
(c)
in or on which he has reasonable cause to suspect an offence against
this Act has been committed;
and shall have power to make such exam ination, inspection and inquiry and do such
things as may appear to him necessary for ascertaining whether or not compliance has
been made with this Act.
(6) An inspector or police officer may re quire a dealer to produce to the inspector o r
police officer such books, accounts or othe r documents relating to the business
carried on by the dealer and required to be
kept by the dealer as the ins pector or
police officer may specify.
(7) An inspector shall, on demand by any person affected by the exercise of the
powers conferred upon the inspec tor by this section, exhibit the certificates issued to
him in terms of subsection (a1);
[amended by Act 6/2003 with effect from the 19th September, 2003.]
38E
Offences and penalties under part VIIIA
(1) A person who—
(a)
fails or refuses to register as a dealer with the Zimbabwe Broadcasting
Corporation when required to do so in term s of regulations made under section fortysix; or
(b)
fails or refuses to furnish a return or to supply information to the
Zimbabwe Broadcasting Corporation in th e manner and in the time prescribed unde r
section forty-six or furnishes a false or
incomplete return or supplies false o
r
incomplete information to the Corporation; or
(c)
fails to comply with the requirement contained in a notice served on
him in terms of subsection (2) of section thirty-eight D or with a requirement made by
an inspector or police officer in terms of subsection (6) of that section; or
(d)
wilfully delays or obstructs an inspector or police of ficer in the