Section 26: Powers of officers

26. Powers of officers (1) For the purpose of detecting pests or ensuring compliance with this Act, an officer may— (a) enter and search any place and make such investigation or inspection as is necessary for the purposes of this Act, including breaking open and searching any container, receptacle or enclosed place, conducting tests and taking samples of any matter or thing for testing or as evidence; [Issue 8] P12 – 12 Revised Laws of Mauritius (b) inspect consignments of plants, plant products and other regulated articles; (c) carry out pre-clearance inspections where requested; (d) treat or destroy any plant, plant product and other regulated article; (e) stop any conveyance, which an officer believes on reasonable grounds may harbour a pest; (f) seize any matter or thing that an officer believes— (i) will be of evidential value in relation to the commission of an offence; (ii) is a pest; (iii) is infested with a pest, together with any container convenient to facilitate the seizure; (g) store, treat, quarantine or dispose of the plant, plant product or other regulated article at a place where it was seized or move it to any other place for storage, treatment, quarantine or disposition; (h) direct any person to furnish for inspection at such time and place as the officer may specify, any permit or record or copy of, or extracts from, permits or records prepared or kept for a purpose connected with this Act; (i) take notes or copies of, or extracts from, anything furnished pursuant to paragraph (h); (j) monitor plant movements; (k) take photographs for the purpose of enforcing this Act; (l) take samples of any matter or thing for testing or identification; (m) lay baits and set lures or traps; (n) question any person to ascertain whether this Act has been complied with; continued on page P12 – 13 P12 – 12 (1) [Issue 8] Revised Laws of Mauritius (o) direct a person to take such steps as may be appropriate to ensure compliance with this Act. (2) An officer may, in the performance of his functions and the exercise of his powers under this Act, be assisted by a police officer. (3) (a) An officer shall not enter any dwelling house for the purpose of carrying out any of his functions or exercise any of his powers under this Act, unless he is authorised to do so by a warrant from a Magistrate. (b) A Magistrate shall not grant a warrant under paragraph (a) unless he is satisfied that the officer has reasonable grounds for requiring entry to the dwelling house. (4) Any direction given pursuant to subsection (1) (h) shall not prejudice or affect in any way any proceedings or action that has been or may be taken for failure to comply that has resulted in the directions. (5) A person who, without reasonable excuse, fails to comply with a direction or requirement under this section shall commit an offence. (6) Nothing in this section shall be construed as prejudicing a person’s right against self-incrimination.