9Power of Magistrate to issue a warrant to seize books

9 Power of Magistrate to issue a warrant to seize books

(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) The information laid for the purposes of subsection (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 8 or under 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 and shall specify the grounds on which the person so suspects. (2A) Where a magistrate issues a warrant under subsection (1), he shall state on the information laid under that subsection:

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

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

(2B) There shall be stated in a warrant issued under this section:

(a) whether entry is authorized 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.

(3) 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. (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):