Section 33Part 5 — Duties and Powers of the AuthorityAmended
Powers of Authority, etc., to search in accordance with search warrant
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Amended by LG41/S9
If a magistrate is satisfied on an application made by the Authority or a police officer of the rank of Inspector or above that there are reasonable grounds for suspecting that an offenc e under this Act or the Beneficial Ownership Transparency Act, 2023 [Act 13 of 2023] has been, is being , or is about to be committed in certain premises, the magistrate may issue a warrant authorising the Authority or a police officer and such other persons as it or that police officer may reasonably need to assist it or that police officer — ( i ) to enter th ose premises, using force if necessary; ( ii ) to search the premises and any person in the premises; ( iii ) if it is necessary to do so, to break open and search anything on the premises in which a record may be stored or concealed; ( iv ) to take possession o f, and secure against interference any record that appears to indicate that any offence under this Act or the Beneficial Ownership Transparency Act, 2023 [Act 13 of 2023] has been, is being or is about to be committed; and ( v ) to inspect and take copies of any record on the premises that appears to indicate that an offence under this Act or the Beneficial Ownership Transparency Act, 2023 [Act 13 of 2023] has been, is being or is about to be committed, or, if this is not practical, to take away or deliver an y such records to the Authority.
If a record is taken away by, or delivered to the Authority in accordance with subsection (1)(v), the Authority may retain it for as long as is necessary to allow it to be inspected and for copies or abstracts to be tak en and it is then to be returned to the premises from which it was taken.
While a record is in the possession of the Authority in accordance with subsection (2), the Authority shall allow a person who would be entitled to inspect it if it were not in t he possession of the Authority to inspect and take copies and abstracts of it at any reasonable time.
If a person has a lien on a record, nothing done under this section in relation to the record prejudices the lien.
Nothing in this section authori ses a person to search a person of the opposite sex.
In this section — “ premises ” includes —
land, whether or not covered by buildings;
any structure, whether or not attached to land; and
a means of transport.