Section 20Part 1 — Securities Investment Business Act
Entry and search of premises
←→ Navigate · Click subsection badges to collapse · Press ? for help
If the court, on sworn information on oath, is satisfied that the conditions in subsection
are fulfilled 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, or that the case is one of urgency, or that the premises are unoccupied or that the occupier is temporarily absent, the court may, by warrant signed by a judge, authorise a constable of the rank of inspector or above to enter the premises, if need be by reasonable force. (2) The conditions referred to in subsection (1) are that there are reasonable grounds for suspecting that — (a) there is or has been, on the premises to which entry is sought, any contravention of this Law; or (b) there is on those premises evidence of any contravention of this Law.
Every warrant granted under this section shall continue in force for a period of one month.
A constable entering any premises by virtue of this section or of a warrant issued under it, may be accompanied by such employees of, or advisers to, the Authority as may be necessary to ensure the successful execution of the warrant.
The constable authorised by any such warrant to search any premises may, if so authorised by the warrant, search every person who is found in those premises and may seize any documents found in the possession of any such person or in such premises which that person has reasonable ground for believing ought to have been produced pursuant to a lawful request from the Authority.
A person who wilfully obstructs a constable in the exercise of any powers conferred on that person by this section commits an offence and is liable on summary conviction to a fine of one hundred thousand dollars and to imprisonment for five years.
The Rules Committee of the Court may make rules for the purposes of this section.