Section 32 Appointment and functions of inspectors
(1) The Authority may employ, upon such terms and conditions as may be determined by it
and approved by the Minister, any person having suitable qualifications and experience to be an
inspector for the purposes of this Part.
(2) Upon appointment an inspector shall be provided with a certificate signed by the Chief
Executive Officer stating that he or she is an inspector, and shall, on request, exhibit such
certificate to any person affected by the performance of the his or her functions in terms of this
Act.

Section 33 Inspections
(1) Subject to subsection (3), an inspector may, at fixed intervals agreed with the registered
user of a product of biotechnology or at any time without giving prior notice, enter upon and
inspect the premises of any registered user to determine whether the provisions of this Act, any
biotechnology guidelines or standards and the terms or conditions of any registration or permit
are being complied with, and, for that purpose, the inspector may
(a) inspect any activity or process carried out in or upon such premises in connection with
the use of products of biotechnology;
(b) request any information regarding any activity or process referred to in paragraph (a)
from the registered user or any person carrying out or supervising such activity or
process;
(c) where it is suspected on reasonable grounds that any offence against this Act is being
committed
(i) seize any appliance, book, statement, shipping bill, bill of lading or other
document and take samples of materials or substances which may afford proof
of such offence; or
(ii) require the registered user to produce any appliance, book, statement, shipping
bill, bill of lading or other document, or any sample of any material or
substance within a specified time and at a specified place.
(2) Subject to subsection (3), the inspector may, at any time, without giving prior notice,
exercise the powers specified in subsection (1) in relation to any premises or place owned or
controlled by a person other than a registered user where it is known or suspected on reasonable
grounds that any potentially harmful research or undertaking is being or will be carried on.
(3) The powers of entry, inspection and seizure conferred by this section shall not be
exercised
(a) in relation to the premises of any registered user except with his or her consent, unless
there are reasonable grounds for believing that it is necessary to exercise them for the
prevention, investigation or detection of an offence against this Act, or for the
obtaining of evidence relating to such an offence;
(b) in relation to any premises or place referred to in subsection (2) except in accordance
with a search warrant issued in terms of section 50 of the Criminal Procedure and
Evidence Act [Chapter 9:07].
(4) Any person who hinders or obstructs an inspector in the exercise of the powers
conferred by this section, or refuses to furnish any information, document or article required
pursuant to the exercise of such powers, or furnishes information which he or she knows to be
false or misleading or has no reason to believe to be true, shall be guilty of an offence and liable
to a fine not exceeding level five or imprisonment for a period not exceeding one year or both
such fine and such imprisonment.

Section 22 (6) Any person who contravenes any biotechnology guidelines or standards issued in terms of subsection (1) that are binding on him or her, or any prohibition referred to in subsection (5)(a), shall be guilty of an offence and liable to a fine not exceeding level nine or imprisonment for a period not exceeding three years or both such fine and such imprisonment.
Section 24 (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level fourteen or imprisonment for a period not exceeding ten years or both such fine and such imprisonment.

Section 8 (4) Any person who exports any products specified in the Second Schedule without a biosafety export permit issued by the Authority shall be guilty of an offence and liable to a fine not exceeding level twelve or to imprisonment for period not exceeding five years or to both such fine and such imprisonment.