FIRST HOME SAVER ACCOUNTS ACT 2008 (REPEALED)
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.
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