1~ so. 18324 Act SO. 37.1997 GOVERNMENT GAZE1’TE, 1 OCTOBER 1997 COUNTERFEIT GOODS ACT, 1997 ~ if he or she reasonably suspects that a person at, on or in such place, premises or vehicle may furnish any information with reference to any act of dealing in counterfeit goods— (i) question that person and take down a statement from him or her; (ii) demand and procure from that person any book, document, article, item or object which in any way may be relevant to the nature, quantity, location, source or destination of the goods in question, or the identity and address of anyone involved or ostensibly involved as a supplier, manufacturer, producer, maker, distributor, wholesaler, remiler, importer, exporter or forwarding agent of, or other dealer in, the goods in question. (2) Subject to subsection (3), an inspector may, during the day, without a warrant enter upon or enter any place, premises or vehicle after having identified himself or herself, ancL in accordance with paragraphs (a) to ~ of subsection (1), exercise the powers of seizure, removal, detention, collecting evidence and search contemplated in section 4(1 )(a), (b) and (c) (except the power to search any person), as well as the power to take the steps contemplated in section 4(l)(d), if— (a) the person who is competent to consent to the entry and to such search, seizure, removal and detention, gives that consent; or (b) the inspector on reasonable ground believes that— (i) the required warrant will be issued to him or her in terms of section 6 if he or she were to apply for the warrant; and (ii) the delay that would ensue by first obtaining the warrant would defeat the object or purpose of the entry, search, seizure, removal, detention, collection of evidence and other steps. (3) Subsection (2)(b) does not serve as authority for, and may not be applied for the purposes of, entering and searching any private dwelling, nor for conducting such seizure and removal, the collection of evidence and the taking of the said other steps therein. (4) No~ithstanding the provisions of subsections (1) and (2)— (a) any steps taken by an inspector in accordance with paragraph (a), (b), (c) or (d) of subsection (1), or like steps taken by him or her by virtue of subsection (2). will cease to have any legal effect whatsoever unless the court confirms such steps, either finally or pendente lite, on the application of the inspector or the relevant complainant (where applicable) brought within 10 court days of the day on which those steps had been taken; (b) no answer given or statement made by any person to an inspector exercising his or her powers in terms of paragraph (j)(i) of subsection (1) or given or made to any inspector exercising like powers by virtue of subsection (2), will, if se~-incriminating, be admissible as evidence against that person in criminal proceedings instituted in any court against him or her, except in criminal proceedings where that person is tried for an offence contemplated in section 18(d)(ii), and then only to the extent that such answer or statement is relevant to prove the offence charged. (5) The provisions of section 6(4) regarding the manner in which a search must be conducted. and section 6(5)(b), (6), (7), (8) and (9), will apply mutatis mutandis to an inspector acting by virtue of subsection (2) of this section. 5 10 15 20 25 30 35 40 45 Pro\tilons relating to issue and execution of warrant 6. (1) The warrant contemplated in section 4(2) read with section 5(1) will be issued in chambers by any judge of the High Court or by a magistrate who has jurisdiction in the area where the relevant suspected act of dealing in counterfeit goods is alIeged to 50 have taken or to be taking place or is likely to take place, and will be issued only if it appears to the judge or magistrate from information on oath or atlirmation that there are reasonable .gounds for believing that an act of dealing in counterfeit goods has taken or is taking place or is likely to take place, and the inspector seeking the warrant