Document ID: chunk:federal_register_of_legislation:C2025C00167:section:130:p1
Version: federal_register_of_legislation:C2025C00167
Segment Type: section
Provision Reference: s 130 (pt 1/2)
Character Range: 391668–394259

130  Warrant for seizure of property connected with the bankrupt
 (1) The trustee of a bankrupt's estate may apply to an eligible judge for the issue of a warrant under subsection (2) if the trustee has reasonable grounds for suspecting that there is on or in any premises property (in this section called relevant property), being:
 (a) any of the property of the bankrupt;
 (b) property that may be connected with, or related to, the bankrupt's examinable affairs; or
 (c) books (including books of an associated entity of the bankrupt) relevant to any of the bankrupt's examinable affairs.
 (2) On an application under subsection (1), the judge may issue a warrant authorising a constable, together with any other person named in the warrant:
 (a) to enter on or into the premises, using such force as is necessary for the purpose and is reasonable in the circumstances;
 (b) to search the premises for relevant property;
 (c) to break open, and search for relevant property, any cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, on or in the premises;
 (d) to take possession of, or secure against interference, any relevant property found on or in the premises; and
 (e) to deliver to the trustee, or to a person authorised in writing by the trustee for the purpose, any property of which possession is taken under the warrant.
 (3) An eligible judge shall not issue a warrant under subsection (2) unless:
 (a) an affidavit has been furnished to the judge setting out the grounds on which the issue of the warrant is sought;
 (b) the applicant for the warrant (or some other person) has given to the judge, either orally or by affidavit, such further information (if any) as the judge requires concerning the grounds on which the issue of the warrant is sought; and
 (c) the judge is satisfied that there are reasonable grounds for issuing the warrant.
 (4) Where an eligible judge issues a warrant under subsection (2), he or she shall set out on the affidavit furnished in accordance with subsection (3):
 (a) on which of the grounds specified in the affidavit; and
 (b) on which other grounds (if any);
he or she has relied to justify the issue of the warrant.
 (5) A warrant under this section shall:
 (a) state whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
 (b) specify a day, not later than 7 days after the day of issue of the warrant, on which the warrant ceases to have effect.
 (6) Where, under this section, a person takes possession of property, or secures