Commonwealth Numbered Acts

SECURITIES INDUSTRY ACT 1980 No. 66, 1980 - SECT 9

9.(1) If a magistrate is satisfied, on information on oath or affirmation laid
by an employee of the Commission, or by another person authorized 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 8 or by virtue of a provision of a law
of a participating State or of a participating Territory that corresponds with
section 8 and which have not been produced in compliance with that
requirement, the magistrate may issue a warrant authorizing 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 authorized by the Commission to receive them.

(2) A warrant issued under sub-section (1)-

   (a)  remains in force until the expiration of one month from the day on
        which it is issued; and

   (b)  shall be executed by day, unless the magistrate by warrant authorizes
        its execution by night.

(3) Sub-section 8 (5) applies in relation to books possession of which is
taken pursuant to a warrant issued under this section in like manner as if the
books were produced pursuant to a requirement made under section 8.

(4) Where, under this section, a person takes possession of, or secures
against interference, any books, that person or any person to whose possession
the books were delivered under paragraph (1) (d)-

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

   (b)  may require any person who was party to the compilation of the books
        to make a statement providing an explanation of any of the books;

   (c)  may retain possession of the books, or keep the books secure, for a
        period of 3 months or, if within that period there are instituted any
        proceedings to which the books are relevant, until the conclusion of
        those proceedings; 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.

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