Section 16Part 5 — Enforcement: Information Powers
Entry to premises under warrant
←→ Navigate · Click subsection badges to collapse · Press ? for help
A magistrate or justice of the peace may issue a warrant under this section if he is satisfied, on information on oath given by an enforcement officer, that there are reasonable grounds for believing that any set of conditions specified in subsection (2), (3) or (4) is satisfied.
The first set of conditions is that —
there is on the premises specified in the warrant, a document in relation to which a requirement could be imposed under section 14(1)(b); and
if the requirement under section 14(1)(b) were to be imposed —
it would not be complied with; or
the document to which it relates would be removed, tampered with or destroyed.
The second set of conditions is that —
a person on whom a requirement has been imposed under section 14(1)(b) has failed, wholly or in part, to comply with it; and
there is on the premises specified in the warrant, a document that has been required to be produced.
The third set of conditions is that —
an enforcement officer has been obstructed in the exercise of a power under section 15; and
there is on the premises specified in the warrant a document that could be inspected under section 15(1)(c).
A magistrate or justice of the peace may issue a warrant under this section if he is satisfied on information on oath given by an enforcement officer that there are reasonable grounds for suspecting that —
an offence under this Law has been, is being or is about to be committed by a relevant person; and
there is on the premises specified in the warrant a document relevant to whether that offence has been, is being or is about to be committed.
A warrant issued under this section shall authorise an enforcement officer to —
enter the premises specified in the warrant;
search the premises and take possession of anything that appears to be a document specified in the warrant or to take, in relation to that document, any other steps which may appear to be necessary for preserving it or preventing interference with it;
take copies of, or extracts from, any document specified in the warrant;
require any person on the premises to provide an explanation of any document which appears to be of the kind specified in the warrant or to state where the document may be found; and
use such force as may reasonably be necessary.
Cross References
- Section 14 of Proliferation Financing Prohibition Act
reference to section 14(1)(b) regarding requirements
- Section 15 of Proliferation Financing Prohibition Act
reference to section 15 regarding powers of entry
Referenced By
- Section 17 — Restrictions on powers
reference to section 16 powers