Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 4 - REGULATORY POWERS OF THE ACNC COMMISSIONER  

PART 4-1 - INFORMATION GATHERING AND MONITORING POWERS  

Division 75 - Monitoring  

Subdivision 75-F - Monitoring warrants  

SECTION 75-85   MONITORING WARRANTS  
Application for warrant

75-85(1)    
The Commissioner may apply to an issuing officer for a warrant under this section in relation to premises.

Issue of warrant

75-85(2)    
The issuing officer may issue the warrant if the issuing officer is satisfied, by information on oath or affirmation, that it is necessary that one or more ACNC officers should have access to the premises for the purpose of determining whether:

(a)    a provision that is subject to monitoring under this Division has been, or is being, complied with; or

(b)    information subject to monitoring under this Division is correct.

75-85(3)    
However, the issuing officer must not issue the warrant unless the Commissioner or some other individual has given to the issuing officer, either orally or by affidavit, such further information (if any) as the issuing officer requires concerning the grounds on which the issue of the warrant is being sought.

Content of warrant

75-85(4)    
The warrant must:

(a)    describe the premises to which the warrant relates; and

(b)    state that the warrant is issued under this section; and

(c)    state the purpose for which the warrant is issued; and

(d)    authorise one or more ACNC officers (whether or not named in the warrant) from time to time while the warrant remains in force:

(i) to enter the premises; and

(ii) to exercise the powers set out in this Division in relation to the premises; and

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

(f)    specify the day (not more than 1 month after the issue of the warrant) on which the warrant ceases to be in force.