FIRST HOME SAVER ACCOUNTS ACT 2008 (REPEALED)

PART 6 - ENFORCEMENT  

Division 2 - Access to premises  

SECTION 87   Issue of warrant to enter premises  

87(1)    
If a magistrate, on application by an authorised person, is satisfied, by information on oath or affirmation:

(a) that there are reasonable grounds for believing that there are examinable documents on particular premises of an FHSA provider; and

(b) that the issue of the warrant is reasonably required for the purpose of ascertaining:

(i) whether a Government FHSA contribution is payable for a person; or

(ii) the amount of a Government FHSA contribution that is payable for a person; or

(iii) whether an amount is recoverable under section 50 (which deals with overpayments) in relation to a Government FHSA contribution paid for a person; or

(iv) the overpaid amount in relation to a Government FHSA contribution for a person; or

(v) whether a person has contravened or is contravening a provision of this Act;

the magistrate may issue a warrant authorising the authorised person to enter the premises:

(c) with such assistance as is necessary and reasonable; and

(d) during such hours as the warrant specifies, or, if the warrant so specifies, at any time.

87(2)    
A warrant must specify:

(a) the powers exercisable under subsection 81(2) by the authorised person to whom the warrant is issued; and

(b) the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and

(c) the purpose for which the warrant is issued.

87(3)    
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.