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PRIVATE HEALTH INSURANCE (PRUDENTIAL SUPERVISION) ACT 2015 - SECT 136

Investigation warrants

  (1)   An inspector may apply to a magistrate for a warrant under this section (an investigation warrant ) in relation to premises.

  (2)   The magistrate may issue the warrant if the magistrate is satisfied, by information on oath or affirmation, that there are reasonable grounds for suspecting that there are, or there may be within the next 72 hours, documents in the premises relating to the affairs of the private health insurer that the inspector is investigating.

  (3)   However, the magistrate must not issue the warrant unless the inspector or some other person has given to the magistrate, either orally or by affidavit, such further information (if any) as the magistrate requires concerning the grounds on which the issue of the warrant is being sought.

  (4)   The warrant must:

  (a)   state that the warrant is issued under this Division; and

  (b)   name the inspector who applied for the warrant; and

  (c)   state that the warrant authorises the inspector, with such assistance as the inspector considers necessary, to enter the premises, using such force as is necessary and reasonable in the circumstances:

  (i)   during such hours of the day or night as the warrant specifies; or

  (ii)   if the warrant so specifies, at any time;

    for the purpose of exercising the functions of an inspector under section   134 in relation to the insurer concerned; and

  (d)   specify the day (not more than 1 week after the issue of the warrant) on which the warrant ceases to be in force.



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