Commonwealth Numbered Acts

FUTURES INDUSTRY ACT 1986 No. 72 of 1986 - SECT 14

14. (1) If a magistrate is satisfied on information on oath or affirmation
laid by an employee of the Commission, or by another person authorised in
writing by the Commission, that there are reasonable grounds for suspecting
that there are on particular premises in the Territory any books the
production of which has been required by virtue of section 13 or by virtue of
a provision of a law of a participating State or of a participating Territory
that corresponds with section 13 and which have not been produced in
compliance with that requirement, the magistrate may issue a warrant
authorising any member of the Australian Federal Police, together with any
other person named in the warrant-

   (a)  to enter those premises (using such force as is necessary for the
        purpose);

   (b)  to search the premises and to break open and search any cupboard,
        drawer, chest, trunk, box, package or other receptacle, whether a
        fixture or not, in the premises;

   (c)  to take possession of, or secure against interference, any books that
        appear to be books the production of which was so required; and

   (d)  to deliver any books possession of which is so taken into the
        possession of a person authorised by the Commission to receive them.

(2) The information laid for the purposes of sub-section (1) shall state that
the person laying the information suspects that there are on particular
premises in the Territory books the production of which has been required
under section 13 or under a provision of a law of a participating State or of
a participating Territory that corresponds with section 13 and which have not
been produced in compliance with that requirement and shall specify the
grounds on which the person so suspects.

(3) Where a magistrate issues a warrant under sub-section (1), the magistrate
shall state on the information laid under that sub-section-

   (a)  which of the grounds set out in the information as required by
        sub-section (2) the magistrate has relied on to justify the issue of
        the warrant; and

   (b)  particulars of any other grounds relied on by the magistrate to
        justify the issue of the warrant.

(4) There shall be stated in a warrant issued under this section-

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

   (b)  a date, being a date not later than 7 days after the date of issue of
        the warrant, upon which the warrant ceases to have effect.

(5) Where, under this section, a person takes possession of, or secures
against interference, any books and a person has a lien on the books, the
taking of possession of the books or the securing of the books against
interference does not prejudice the lien.

(6) Where, under this section, a person takes possession of, or secures
against interference, any books, or has any books delivered to the person's
possession under paragraph (1) (d), the person-

   (a)  may make copies of, or take extracts from, the books;

   (b)  may require any person who was a party to the compilation of the books
        to make a statement providing any explanation that that person is able
        to provide as to any matter relating to the compilation of the books
        or as to any matter to which the books relate;

   (c)  may retain possession of the books for such period as is necessary to
        enable the books to be inspected, and copies of, or extracts from, the
        books to be made or taken, by or on behalf of the Commission; and

   (d)  during that period shall permit a person who would be entitled to
        inspect any one or more of the books if they were not in the
        possession of the first-mentioned person to inspect at all reasonable
        times such of the books as that person would be so entitled to
        inspect.

(7) The powers conferred by this section are in addition to, and not in
derogation of, any other powers conferred by law.
(8) In this section, "premises" includes any structure, building, aircraft,
vehicle, vessel or place (whether built on or not) and any part of such a
structure, building, aircraft, vehicle, vessel or place.