Commonwealth Numbered Acts

Life Insurance Amendment Act 1983 No. 143 of 1983 - SECT 12

12. Section 54 of the Principal Act is repealed and the following sections are
substituted: Commissioner may demand information

''54. The Commissioner may demand in writing from a company-

   (a)  information that relates to any matter in connection with the business
        of the company or of a subsidiary of the company; or

   (b)  a copy of any document in the possession of the company that relates
        to any such matter.
Power to require production of books

''54A. (1) For the purpose of ascertaining whether a company has complied, or
is complying with the provisions of this Act, the Commissioner or a person
authorized by him, in writing, for the purposes of this section may require an
officer of the company to produce to him any books required by or under this
Act to be kept by the company and may inspect, take extracts from and make
copies of any such books.

''(2) For the purpose of facilitating consideration of an application made,
whether before or after the commencement of this sub-section, by a company for
registration under this Act, the Commissioner or a person authorized by him,
in writing, for the purposes of this section may require an officer of the
company to produce to him any books of the company and may inspect, take
extracts from and make copies of any such books.

''(3) An officer of a company shall comply with a requirement made under
sub-section (1) or (2).

''(4) In this section, 'officer' includes a director or secretary, or an
employee concerned in the management, of the company.

''(5) A person shall not obstruct or hinder the Commissioner or person
authorized by him for the purposes of this section while the Commissioner or
that person is exercising a power under this section.

Penalty: $1,000 or imprisonment for 3 months. Access to premises

''54B. (1) For the purpose of ascertaining whether a company has contravened
or failed to comply with the provisions of this Act, an authorized person may,
with the consent of the occupier of any premises, enter the premises for the
purpose of searching for, inspecting, taking extracts from and making copies
of any books of the company.

''(2) Where an authorized person has reason to believe that-

   (a)  a company has contravened or failed to comply with the provisions of
        this Act; and

   (b)  there are, on any premises, books of the company,
the authorized person may make an application to a Justice of the Peace for a
warrant authorizing the authorized person to enter the premises for the
purpose of searching for, inspecting, taking extracts from and making copies
of any books of the company.

''(3) If, on an application under sub-section (2), the Justice of the Peace is
satisfied by information on oath or affirmation-

   (a)  that there is reasonable ground for believing that-

        (i)    the company has contravened or failed to comply with the
               provisions of this Act; and

        (ii)   there are, on the premises, books of the company; and

   (b)  that the issue of the warrant is reasonably required for the purposes
        of this Act,
the Justice of the Peace may grant a warrant authorizing the authorized
person, with such assistance as the authorized person thinks necessary, to
enter the premises, during such hours of the day or night as the warrant
specifies or, if the warrant so specifies, at any time, and if necessary by
force, for the purpose of searching for, inspecting, taking extracts from and
making copies of any such books.

''(4) Where an authorized person has entered any premises in pursuance of
sub-section (1) or in pursuance of a warrant granted under sub-section (3), he
may search for, inspect, take extracts from and make copies of any books of
the company.

''(5) A person shall not, without reasonable excuse, obstruct or hinder an
authorized person acting in pursuance of a warrant granted under sub-section
(3) or in pursuance of sub-section (4).

Penalty: $1,000 or imprisonment for 3 months.

''(6) A reference in this section to an authorized person shall be read as a
reference to the Commissioner or a person authorized by him, in writing, for
the purposes of this section.''.