Commonwealth Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FIRST HOME SAVER ACCOUNTS ACT 2008 (NO. 44, 2008) - SECT 87

Issue of warrant to enter premises

             (1)  If a magistrate, on application by an authorised person, is satisfied, by information on oath or affirmation:

                     (a)  that there are reasonable grounds for believing that there are examinable documents on particular premises of an FHSA provider; and

                     (b)  that the issue of the warrant is reasonably required for the purpose of ascertaining:

                              (i)  whether a Government FHSA contribution is payable for a person; or

                             (ii)  the amount of a Government FHSA contribution that is payable for a person; or

                            (iii)  whether an amount is recoverable under section 50 (which deals with overpayments) in relation to a Government FHSA contribution paid for a person; or

                            (iv)  the overpaid amount in relation to a Government FHSA contribution for a person; or

                             (v)  whether a person has contravened or is contravening a provision of this Act;

the magistrate may issue a warrant authorising the authorised person to enter the premises:

                     (c)  with such assistance as is necessary and reasonable; and

                     (d)  during such hours as the warrant specifies, or, if the warrant so specifies, at any time.

             (2)  A warrant must specify:

                     (a)  the powers exercisable under subsection 81(2) by the authorised person to whom the warrant is issued; and

                     (b)  the day (not more than 14 days after the issue of the warrant) on which the warrant ceases to have effect; and

                     (c)  the purpose for which the warrant is issued.

             (3)  The function of issuing a warrant is conferred on the magistrate in a personal capacity and not as a court or a member of a court. The magistrate need not accept the function conferred.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback