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ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING ACT 2006 - SECT 159

Monitoring warrants

  (1)   An authorised officer may apply to a magistrate for a warrant under this section in relation to reporting entity business premises.

Note:   A warrant under this section is called a monitoring warrant .

  (2)   The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that it is reasonably necessary that one or more authorised officers should have access to the premises for the purposes of determining whether the provisions of this Act, the regulations or the AML/CTF Rules have been, or are being, complied with. This subsection has effect subject to subsection   (3).

  (3)   The magistrate must not issue the warrant unless the authorised officer or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

  (4)   The warrant must:

  (a)   contain a description of the premises to which the warrant relates; and

  (b)   authorise one or more authorised officers (whether or not named in the warrant), and any person or persons assisting the authorised officer or authorised officers:

  (i)   to enter the premises; and

  (ii)   to exercise the powers set out in section   148 in relation to the premises; and

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

  (d)   specify the day (not more than 6 months after the issue of the warrant) on which the warrant ceases to have effect; and

  (e)   state the purpose for which the warrant is issued.


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