Revised Laws of Saint Lucia (2021)

26.   Power to obtain information, documents and evidence

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    (1)   Where the Director or an authorized officer conducts an investigation and the supplier, consumer or any other person is capable of furnishing information or producing documents relating to the investigation, the Director or the authorized officer may, by notice in writing served on the supplier, consumer or person require the supplier, consumer or person to —

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      (a)     furnish the Director or an authorized officer in writing signed by the supplier, the consumer or other person, in the manner, and within such reasonable time, as is specified in the notice, such information;

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      (b)     produce to the Director or an authorized officer in accordance with such reasonable requirements, as are specified in the notice, such documents; or

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      (c)     cause the supplier, the consumer or other person, to appear before the Director or an authorized officer at such reasonable time and place as is specified in the notice to give such evidence, either orally or in writing, and to produce such documents.

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    (2)   Subject to subsection (3), where the Director or an authorized officer has to conduct an investigation, the Director or the authorized officer may, for the purposes of the investigation, enter any premises and may —

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      (a)     inspect the premises;

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      (b)     take samples of goods;

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      (c)     inspect any documents relating to the investigation and make copies of, or take extracts from, the documents; or

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      (d)     inspect equipment used in the manufacturing, processing or storage of goods.

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    (3)   The Director or an authorized officer shall exercise the powers under subsection (2) where a warrant is issued under subsection (5).

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    (4)   Where an application for a warrant is made, the Magistrate may issue a warrant authorizing the Director or authorized officer named in the warrant, to enter the premises specified in the warrant and to exercise the powers of the Director or the authorized officer under subsection (2) in relation to those premises.

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    (5)   A Magistrate shall not issue a warrant under subsection (4) unless —

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      (a)     an affidavit has been furnished to the Magistrate setting out the grounds on which the issue of the warrant is being sought;

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      (b)     the applicant or some other person has given to the Magistrate such further information, if any, on oath as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

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      (c)     the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.

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    (6)   A warrant issued under subsection (5) shall —

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      (a)     specify the purpose for which the warrant is issued;

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      (b)     specify the hours within which entry is authorized to be made;

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      (c)     include a description of the kind of goods authorized to be inspected, sampled or removed; and

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      (d)     specify a date, not being less than 7 days after the day on which the warrant is issued, after which the warrant ceases to have effect.

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    (7)   The Director or authorized officer shall, before entering the premises under a warrant issued under subsection (5) —

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      (a)     announce that he or she is authorized to enter the premises;

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      (b)     give any person at the premises an opportunity to allow entry to the premises; and

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      (c)     give a copy of the warrant to the supplier or a competent officer or in the absence of such a person on the premises to any person on the premises who appears to be employed by the supplier.

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    (8)   A person who interferes with the Director or an authorized officer in the execution of a warrant under this section commits an offence and upon summary conviction is liable to a fine not exceeding $3,000 and in default of payment of the fine, to imprisonment for a term not exceeding 1 year.

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    (9)   Any information furnished by a person, any document produced by a person, and any information or document obtained by a person under this section, may only be used by the Director or an authorized officer or a person assisting the Director or authorized officer in proceedings against the supplier for contravention of a provision of this Act.