Financial Intermediaries Act 1996
sec.36Power to seize evidence
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sec.36 Power to seize evidence
An inspector who enters a place with the occupier’s consent may seize a thing in the place if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent. An inspector who enters a place with a warrant may seize the evidence for which the warrant was issued. An inspector may also seize anything else at a place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost, or destroyed or used to continue or repeat the offence. Also, an inspector may seize a thing if the inspector reasonably believes it has just been used in committing an offence against this Act. (sec.36-ssec.1) An inspector who enters a place with the occupier’s consent may seize a thing in the place if— the inspector reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent. (sec.36-ssec.2) An inspector who enters a place with a warrant may seize the evidence for which the warrant was issued. (sec.36-ssec.3) An inspector may also seize anything else at a place if the inspector reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost, or destroyed or used to continue or repeat the offence. (sec.36-ssec.4) Also, an inspector may seize a thing if the inspector reasonably believes it has just been used in committing an offence against this Act.
- (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and
- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.
- (a) the thing is evidence of an offence against this Act; and
- (b) the seizure is necessary to prevent the thing being hidden, lost, or destroyed or used to continue or repeat the offence.