Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 10 - REGULATION AND ENFORCEMENT  

PART 10-3 - ENFORCEMENT  

Division 456 - Warrants for books not produced  

Subdivision 456-A - Warrants applied for in person  

SECTION 456-5   GRANT OF WARRANT  

456-5(1)    
This section applies if, on an application under section 456-1 , the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular books:

(a)    whose production has been required under section 453-1 or 453-5 ; and

(b)    that have not been produced in compliance with that requirement.

456-5(2)    
The magistrate may issue a warrant authorising an authorised officer, whether or not named in the warrant, together with any person named in the warrant, with such assistance, and by such force, as is necessary and reasonable:

(a)    to enter on or into the premises; and

(b)    to search the premises; and

(c)    to break open and search anything, whether a fixture or not, in or on the premises; and

(d)    to take possession of, or secure against interference, books that appear to be any or all of those books.

456-5(3)    
If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under subsection 456-1(1) for the purposes of the application:

(a)    which of the grounds set out in the information; and

(b)    particulars of any other grounds;

he or she has relied on to justify the issue of the warrant.

456-5(4)    
A warrant under this section must:

(a)    specify the premises and books referred to in subsection (1) ; and

(b)    state whether entry is authorised to be made at any time of the day or night or only during specified hours; and

(c)    state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.

456-5(5)    
The function of issuing a warrant is conferred on the magistrate in a personal capacity and not as a court or a member of a court. The magistrate need not accept the function conferred.