Power of Commissioner to inquire, investigate, and obtain information
23 Power of Commissioner to inquire, investigate, and obtain information
The Commissioner may, for the purpose of any inquiry or investigation which he considers necessary for the exercise of any of the powers conferred, or for the performance of any of the duties and functions imposed, on him by or under this Act —
require any person —
to give him such information as he requires; and
to answer any question put to the person,
in relation to any matter the subject of such an inquiry or investigation;
require that any information or answer referred to in paragraph (a) be given —
orally, or in writing, as may be specified by the Commissioner;
at a time and place specified by the Commissioner; or
on oath or affirmation or by statutory declaration (for which purpose the Commissioner may administer an oath or affirmation and may witness a statutory declaration);
by notice in writing, require the production of any documents relating to any such inquiry or investigation;
enter at all reasonable times and search any premises and inspect any documents that he finds therein and take samples of any stocks of petroleum products and inspect any petroleum service carried on therein;
make a copy or abstract of any document produced to, or inspected by, him under this Act, or of any entry made therein, and in the absence of proof to the contrary any such copy certified as correct by the Commissioner shall be received in all courts as evidence of, and of equal validity as, the original.
Before entering any premises for the purposes of this Act, the Commissioner or other person authorised shall display to the person, if any, affording him entry a warrant issued to him under subsection (3) and —
in the case of the Commissioner, a document signed by the Minister and certifying that he is the Commissioner; or
in the case of a person otherwise authorised under this Act, a document signed by the Commissioner and certifying that that person is so authorised.
On receiving an application for a warrant to enter any premises made to him by the Commissioner or other person authorised, a Justice of the Peace or magistrate may, on being satisfied that that warrant is sought in good faith to enable the Commissioner or that person to enter the premises referred to in that application for the purpose of conducting an inquiry or investigation under this Act, issue that warrant to the Commissioner or that person, as the case requires.
[Section 23 amended: No. 72 of 1983 s. 15; No. 59 of 2004 s. 141; No. 24 of 2005 s. 63; No. 28 of 2006 s. 117; No. 16 of 2025 s. 9(b).]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.