s.19Power of search
19
Section 19Part 0 —

Power of search

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If a magistrate or a judge of the Grand Court, on sworn information in writing, is satisfied that there are reasonable grounds for entry into any premises for any such purposes as are mentioned in subsection (2) and either —
that admission to the premises has been refused, or that a refusal is expected, and that reasonable notice of the intention to apply for the warrant has been given to the occupier; or
that an application for admission, or the giving of such a notice, would defeat the object of the entry, that the case is one of urgency, that the premises are unoccupied or that the occupier is temporarily absent,
the magistrate or judge of the Grand Court may, by warrant signed by that magistrate or judge, authorise the Authority and any other person named in the warrant to enter the premises, if need be by reasonable force.
The purposes referred to in subsection (1) are to ascertain whether —
there is or has been on the premises to which entry is sought any contravention of this Act or the Beneficial Ownership Transparency Act, 2023 [Act 13 of 2023]; or
there is on those premises evidence of any contravention of this Act or the Beneficial Ownership Transparency Act, 2023 [Act 13 of 2023].
Every warrant granted under this section shall continue in force for a period of one month.
A person entering any premises by virtue of this section, or of a warrant issued under this section, may be accompanied by such employees of, or advisers to, the Authority as may be necessary to fulfil the purposes listed in subsection (2).
The person authorised by any such warrant to search any premises may search every person who is found in or whom that authorised person has reasonable grounds to believe to have recently left or to be about to enter those premises and may seize any documents found in the possession of any such person or in such premises which that authorised person has reasonable grounds for believing ought to have been produced under section 16(2).
Any documents seized under subsection (5) shall be returned to the person or premises from which they were seized within a period of six calendar months from their seizure, and the Authority may, before returning them, make copies of such documents.
A person who wilfully obstructs the Authority or other authorised person in the exercise of any powers conferred on it or that authorised person by this section commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for six months, or on conviction on indictment to a fine of fifty thousand dollars and to imprisonment for two years.

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