Retirement Savings Accounts Act 1997

PART 10 - MONITORING AND INVESTIGATION  

Division 3 - Investigations by the Regulator  

SECTION 103   GRANT OF WARRANT  

103(1)   Section applies if magistrate satisfied of certain things.  

This section applies if, on an application under section 102 , 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 this Part; and

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

103(2)   Issue of warrant.  

The magistrate may issue a warrant authorising:

(a) a member of the Australian Federal Police; or

(b) that member together with the inspector who applied for the issue of the warrant;

with such assistance, and by such force, as is necessary and reasonable, to do the acts set out in subsection (3).

103(3)   Acts authorised by warrant.  

The acts are:

(a) entering on or into the premises; and

(b) searching the premises; and

(c) breaking open and searching anything, whether a fixture or not, in or on the premises; and

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

103(4)   Grounds for issuing warrant to be set out.  

If the magistrate issues such a warrant, he or she must set out on the information or complaint laid before him or her under subsection 102(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.

103(5)   Contents of warrant.  

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.