70 GOVERNMENT 2GAZETTE, No. 23708 Act No. 25,2002 AUGUST 2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT. 2002 (a) therequestingbodymustapplytotheDepartmentforassistance in the prescribed manner; and (b) the Department may authorise such assistance on certain conditions. Power to inspect, searchand seize 82. (1) A cyber inspector may, in the performance of his or her functions, at any 5 reasonable time, without prior notice and on the authority of a warrant issued in terms of section 83( l), enter any premises or access an information system that has a bearing on an investigation and(a) search those premises or that information system; (b) searchanypersononthosepremises if there are reasonablegrounds for 10 believing that the person has personal possession of an article, document or record that has a bearing on the investigation; (c) take extracts from,or make copies of anybook, document or record that ison or in the premisesor in the information system andthat has a bearing on the investigation; 15 (d) demandtheproductionofandinspectrelevantlicencesandregistration certificates as provided for in any law; ( e ) inspect any facilities on the premises which are linkedor associated with the information system and which have a bearing on the investigation; (f) haveaccess to andinspecttheoperation of anycomputerorequipment 20 formingpart of aninformationsystemandanyassociatedapparatus or material which the cyber inspector has reasonable cause to suspect isor has been used in connection with any offence; (8) use or cause to be used any information system or part thereof to search any data contained in or available such information to system; 25 (h) requirethepersonbywhom or on whose behalfthecyberinspectorhas reasonable cause to suspect the computer or information system is or has been used, or require any person in control of, or otherwise involved with the operation of the computer or information system to provide him or her with such reasonable technical and other assistance as he or she may require for30the purposes of this Chapter; or (i) make such inquiries as may be necessary to ascertain whether the provisions of this Act or any other law on which an investigation is based, have been complied with. (2) A person who refuses to co-operateor hinders a person conducting a lawful search 35 and seizure in terms of this section is guilty of an offence. (3) TheCriminalProcedure Act,1977(Act NO. 51 of1977),applieswiththe necessary changes to searches and seizuresin terms of this Act. (4) For purposes of this Act, any reference in the Criminal Procedure Act, 1977, to “premises” and “article” includes an information system as well as data messages. 40 Obtaining warrant 83. (1)Any magistrate or judge may, upon a request from a cyber inspector but subject to the provisions of section 25 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977), issue a warrant requiredby a cyber inspector in terms of this Chapter. (2) For the purposes of subsection (I), a magistrate or judge may issue a warrant 45 where(a) an offence has been committed within the Republic; (b) the subject of an investigation is(i) a South African citizen or ordinarily resident in the Republic; or (ii) present in the Republic at the time when the warrant is applied for; or 50 (c) information pertinent to the investigationis accessible from within the area of jurisdiction of the court. (3) A warrant to enter, search and seize may be issued at any time andmust(a) identify the premises or information system that may be entered and searched; and 55