Document ID: chunk:federal_register_of_legislation:C2004A02860:body:0:p8
Version: federal_register_of_legislation:C2004A02860
Segment Type: other
Provision Reference: 
Character Range: 16903–19571

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.".

Power to make investigation
13. Section 55 of the Principal Act is amended by omitting paragraph (1) (c) and substituting the following paragraph:
    "(c) a company has failed to comply with a provision of this Act, a direction given to the company under this Act or a condition imposed on the company under section 20;".

Action after completion of investigation
14. Section 58 of the Principal Act is amended by adding at the end thereof the following sub-sections:
"(3) Where it appears at any time to the Commissioner that a direction issued to a company under paragraph (1) (b) is no longer necessary or should be varied, the Commissioner shall, by notice in writing served on the company, revoke or vary the direction.
"(4) Where a company to which a direction under paragraph (1) (b) has been issued applies to the Commissioner, by notice in writing, for the direction to be revoked or varied, the Commissioner shall—
    (a) if it appears to him that the direction is no longer necessary or should be varied—revoke or vary the direction; or
    (b) in any other case—refuse to revoke or vary the direction, and shall serve on the company notice in writing of