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(ii) is working a radio transmitting station or apparatus for operating a diffusion
service or has a radio transmitting station or apparatus for operating a diffusion
service in his possession or under his control in contravention of the
Broadcasting Act [Chapter 12:01];
(iii) is providing any service or operating any system for which a licence other than a
listener’s licence issued in terms of section 31 of the Broadcasting Act [Chapter
12:01] is required;
or
(d) on which he has reasonable cause to suspect is established, constructed or installed a
radio station, radio apparatus or generating apparatus which is causing harmful
interference; or
(e) which are owned or occupied by a person whom he has reasonable cause to suspect is in
possession of a receiver as defined in the Broadcasting Act [Chapter 12:01]; or
(f) on which he has reasonable cause to suspect an offence against this Act has been
committed;
and shall have power to make such examination, inspection and inquiry and do such things as
may appear to him necessary for ascertaining whether compliance has been made with this Act.
(7) Subject to subsection (9), all books, records, accounts and documents required to be kept
by a dealer or an authorised repairer in terms of this Act shall be open to inspection at all
reasonable times by an inspector or by a police officer.
(8) Subject to subsection (9), an inspector may inspect at all reasonable times a radio
station, radio or other apparatus or premises worked or used by or in the possession or under the
control of a licensee, dealer or authorised repairer.
(9) The powers of entry and inspection conferred by this section shall not be exercised⎯
(a) in a case where the entry and inspection is for the purpose of ascertaining compliance
with the requirement to hold a listener’s licence issued in terms of section 31 of the
Broadcasting Act [Chapter 12:01] or with the terms of such a licence, except with the
consent of the person in charge of the premises concerned or in a accordance with a
search warrant issued in terms of section 50 of the Criminal Procedure and Evidence
Act [Chapter 9:07];
(b) in a case other than one referred to in paragraph (a), except with the consent of the
person in charge of the premises concerned, unless there are reasonable grounds for
believing that it is necessary to exercise them for the prevention, investigation or
detection of an offence in terms of this Act or for the obtaining of evidence relating to
such an offence.
(10) An inspector or police officer may, in the exercise of the powers conferred upon him by
this section, seize⎯
(a) a radio station which he has reasonable cause to suspect is being worked by or is in the
possession or under the control of a person in contravention of this Act; or
(b) a radio transmitting station or apparatus for operating a diffusion service or
broadcasting service which he has reasonable cause to suspect is being worked by or is
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