Sri Lanka Consolidated Acts

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Payment Devices Frauds Act (No. 30 of 2006) - Sect 8

Experts and their powers and functions

8.
(1) The Minister may, by Order published in the Gazette appoint a panel of experts from among persons having the prescribed qualifications in electronic engineering or software engineering or in any area of expertise identified by the Minister (hereinafter referred to as "an expert") to assist the police in all investigation into an offence under this Act.
(2) The qualifications (having regard to the specific areas of expertise in electronic engineering or software engineering) required by persons serving as experts and the manner and mode of appointment and the conditions of appointment of such experts shall be as prescribed by regulations.
(3) For the avoidance of doubt it is hereby declared that for the purposes of this Act, "expert" shall be deemed to include any person, institution or any body of persons.
(4) For the purpose of an investigation under this Act, an expert called upon to assist the police in an investigation, shall, have the power to-
(a) enter upon any premises along with a police officer not below the rank of a sub-inspector;
(b) access any information system, computer or computer system or any programme, data or information held in such computer and to cause any computer or any other device utilized for the commission of the fraud to perform any function as may be necessary for such purpose;
(c) require any person to produce any document, information, device or other thing as is necessary for the purpose of such investigation;
(d) require any person to disclose any traffic data ;
(e) orally examine any person; and
(f) do such other things as may be reasonably required, for the purposes of this Act.
(5) An expert shall be paid such remuneration as may be determined by the Minister in consultation with the Minister in charge of the subject of Finance.
(6) An expert appointed under this section may be called upon to assist any Police Officer in the investigation of an offence under this Act, and it shall be the duty of such expert to render all such assistance as may be required for the purposes of such investigation. Where any proceedings have been commenced consequent to the findings of an investigation, it shall be the duty of the expert to make available for the purposes of such proceedings, any information, data, material or other matter that may be obtained by him in the course of such investigation and where called upon to do so to give evidence in such proceedings.


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