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Part VI · Investigation, Search and Seizure

45. Appointment, power, function and duty of investigating officer

(1)

For the purposes of this Part, the Chief Executive Officer may appoint any officer or employee of the Commission or any person appointed under section 9 to be an investigating officer.

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(2)

Subject to subsection (3), an investigating officer appointed under subsection (1) shall have all the powers, functions and duties conferred on an investigating officer under this Act, and where such investigating officer is not an officer or employee of the Commission, he shall, in relation to such powers, functions and duties—

(a)

be subject to; and

(b)

enjoy such rights, privileges, protections, immunities and indemnities as may be specified in, the provisions of this Act, the Co-operative Societies Act 1993 or any other written law enforced by the Commission applicable to an officer or employee of the Commission as if he were an officer or employee of the Commission.

(3)

An investigating officer shall be subject to the direction and control of the Chief Executive Officer or of such other officer as may be authorized by the Chief Executive Officer to act on behalf of him or of any other investigating officer or officers superior in rank, and shall exercise his powers, perform his functions and discharge his duties referred to in subsection (2) in compliance with such directions, instructions, conditions, restrictions or limitations as the

Chief Executive Officer or of such other officer as may be authorized by the Chief Executive Officer to act on behalf of him or an investigating officer or officer superior in rank, may specify orally or in writing, either generally, or in any particular case or circumstance.

(4)

The Chief Executive Officer or any officer, employee or any person authorized by the Chief Executive Officer to act on behalf of him shall have all the powers, functions and duties of an investigating officer.

(5)

An investigating officer conducting any inquiry of any person under section 66 of the Co-operative Societies Act 1993 shall have the power to administer an oath or affirmation to the person who is being examined.

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