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LIFE INSURANCE ACT 1995 - SECT 144

Grant of warrant

  (1)   This section applies if, on an application under section   143, the magistrate is satisfied that there are reasonable grounds for suspecting that there are, or may be within the next 3 days, on particular premises, particular records:

  (a)   whose production has been required under this Division; and

  (b)   that have not been produced in compliance with that requirement.

  (2)   The magistrate may issue a warrant authorising:

  (a)   a member of the Australian Federal Police named in the warrant; or

  (b)   that member together with an authorised person;

with such assistance, and by such force, as is necessary and reasonable, to do the acts set out in subsection   (3).

  (3)   The acts are:

  (a)   entering on or into the premises; and

  (b)   searching the premises; and

  (c)   breaking open and searching anything, whether a fixture or not, in or on the premises; and

  (d)   taking possession of, or securing against interference, records that appear to be any or all of those records.

  (4)   If the magistrate issues such a warrant, he or she must set out on the information or complaint laid before him or her under subsection   143(1) 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.

  (5)   A warrant under this section must:

  (a)   specify the premises and records referred to in subsection   (1); and

  (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.


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