CTHRepealedAct
Australian Securities and Investments Commission Act 1989
36Grant of warrant
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#### 36 Grant of warrant
(1) This section applies where, on an application under section 35, the magistrate is satisfied that there are reasonable grounds to suspect that there are, or may be within the next 3 days, on particular premises, particular books:
(a) whose production has been required under this Division or a corresponding law of another jurisdiction; and
(b) that have not been produced in compliance with that requirement.
(2) The magistrate may issue a warrant authorising a member of the Australian Federal Police, whether or not named in the warrant, together with any person so named, with such assistance, and by such force, as is necessary and reasonable:
(a) to enter on or into the premises;
(b) to search the premises;
(c) to break open and search anything, whether a fixture or not, in or on the premises; and
(d) to take possession of, or secure against interference, books that appear to be any or all of those books.
(3) If the magistrate issues such a warrant, he or she shall set out on the information laid before him or her under subsection 35(2) for the purposes of the application:
(a) which of the grounds set out in the information; and
(b) particulars of any other grounds;
he or she has relied on to justify the issue of the warrant.
(4) A warrant under this section shall:
(a) specify the premises and books referred to in subsection (1);
(b) state whether entry is authorised to be made at any time of the day or night or only during specified hours; and
(c) state that the warrant ceases to have effect on a specified day that is not more than 7 days after the day of issue of the warrant.