Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p157
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 157/175)
Character Range: 568600–571159

to search the premises; and
 (c) to break open and search anything, whether a fixture or not, in or on the premises; and
 (d) to take possession of, or secure against interference, books that appear to be any or all of those books.
 (3) If the magistrate issues such a warrant, he or she must set out on the information laid before him or her under subsection 456‑1(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.
 (4) A warrant under this section must:
 (a) specify the premises and books 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.
 (5) 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.

456‑10  Powers where books produced or seized
 (1) This section applies if:
 (a) books of an Aboriginal and Torres Strait Islander corporation are produced to an authorised officer under section 453‑1 or section 453‑5; or
 (b) under a warrant issued under this Division, an authorised officer:
 (i) takes possession of books of an Aboriginal and Torres Strait Islander corporation; or
 (ii) secures books of an Aboriginal and Torres Strait Islander corporation against interference; or
 (c) by virtue of a previous application of subsection (8) of this section, books are delivered into a person's possession.
 (2) If paragraph (1)(a) applies, the authorised officer may take possession of any of the books.
 (3) The authorised officer may inspect, and may make copies of, or take extracts from, any of the books.
 (4) The authorised officer may use, or permit the use of, any of the books for the purposes of a proceeding (including a proceeding under a law of the Commonwealth, or of a State or Territory).
 (5) The authorised officer may retain possession of any of the books for so long as is necessary:
 (a) for the purposes of exercising a power conferred by this section (other than this subsection and subsection (7)); or
 (b) for any of the purposes referred to in paragraphs 450‑1(a), (b) or (c); or
 (c) to determine if there is a matter in relation to the corporation that is specified in subsection 453‑1(1) as a matter that