20 (iii) failure to provide [a] an electronic communications service that the licensee is required to provide under the terms of its licence or licence exemption, or in terms of this Act or the underlying statutes; or (iv) non-compliance with the Act or the underlying statutes; 5 (d) refer all non-compliance matters to the Complaints and Compliance Committee for consideration where an inspector determines that a licensee has not complied with the terms and conditions of its licence, licence exemption, the provisions of this Act or the underlying statutes or failed to provide broadcasting [or], electronic 10 communications or postal services; (e) refer all complaints to the Complaints and Compliance Committee for consideration [after an investigation into the complaint has been carried out]; (f) appear before the Complaints and Compliance Committee when 15 requested by such committee; and (g) co-operate with law enforcement officials when performing his or her functions.’’. Amendment of section 17G of Act 13 of 2000, as inserted by section 19 of Act 3 of 2006 20 25. Section 17G of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: ‘‘(1) The Criminal Procedure Act, 1977 (Act No. 51 of 1977), applies with the [necessary] changes required by the context to entries, searches and seizures by inspectors in terms of this Act.’’; (b) by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: ‘‘An inspector appointed in terms of section 17F may, in order to carry out his or her functions under this Act or the underlying statutes, at any reasonable time without prior notice and on the authority of a warrant issued under subsection (4) enter any premises and, without the use of force or coercion—’’; (c) by the substitution in subsection (2) for paragraph (a) of the following paragraph: ‘‘(a) demand the production of a licence or any other document issued in terms of the underlying statutes for inspection;’’; (d) by the substitution in subsection (2) for paragraph (d) of the following paragraph: ‘‘(d) inspect any radio apparatus, studio, plant, transmitters, apparatus, other equipment or other broadcasting, electronic communications or postal service facilities on the premises;’’; (e) by the insertion of the word ‘‘and’’ at the end subsection (2)(f); (f) by the substitution in subsection (2) for paragraph (g) of the following paragraph: ‘‘(g) seize for further examination or safe custody any document or thing which has or might have a direct bearing on the alleged noncompliance or other act referred to in section 17F on such premises.’’; (g) by the substitution in subsection (4) for paragraph (a) of the following paragraph: ‘‘(a) A magistrate or judge may, upon request by an inspector, but subject to subsection (b), issue a warrant to such inspector.’’; (h) by the deletion in subsection (4)(b) of the word ‘‘and’’ at the end of subparagraph (i), the insertion of the expression ‘‘; and’’ at the end of subparagraph (ii) and the addition of the following subparagraph: ‘‘(iii) is material to the investigation by the inspector.’’; and (i) by the addition of the following subsection: ‘‘(8) The inspector must, at the request of the Complaints and Compliance Committee, and in the course of hearing a complaint or dispute, provide to the Complaints and Compliance Committee any document or thing which was obtained or confiscated in terms of this section.’’. 25 30 35 40 45 50 55 60