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Power of inspectors
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49. (1) For the purposes of an investigation, an inspector shall have power to do one or more than one of the following:
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(a) subject to subsections (3) and (4), at all reasonable times to enter (if necessary by the use of reasonable force), inspect, examine and search any premises at, on or in which the inspector has reasonable grounds to believe that records (including records stored in non-legible form) of, or relating to the affairs of, the AHB are kept;
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(b) secure for later inspection any premises or part of any premises referred to in paragraph (a) or records referred to in paragraph (a) kept at that premises and require that the place, or part thereof, or records be left undisturbed for so long as is reasonably necessary for the purposes of any investigation;
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(c) inspect, examine and make copies of or take extracts from any such records referred to in paragraph (a) (including in the case of records in a non-legible form a copy of or extract from such records in a permanent legible form) or require that such a copy of or extracts therefrom be provided;
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(d) without prejudice to any other power conferred by this section, require any person at the premises referred to in paragraph (a) or the owner or person in charge of the premises and any person employed there to give to the inspector such assistance and information and to produce to the inspector any records referred to in paragraph (a) that are in that person’s power, possession or procurement, as the inspector may reasonably require for the purposes of an investigation or to give to the inspector such information as the inspector may reasonably require in relation to any entries in such records;
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(e) require a person referred to in paragraph (d) by whom or on whose behalf a computer is or has been used to produce or store records or any person having control of, or otherwise concerned with the operation of, the computer, to afford the inspector access thereto and such reasonable assistance as the inspector may require;
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(f) require the AHB or any employee or agent of it to give such authority, in writing, addressed to any bank that the inspector requires for the purpose of enabling the inspection of any account or accounts opened, or caused to be opened, by the AHB at such bank (or any documents relating thereto) and to obtain from such bank copies of such documents relating to such account or accounts for such period or periods as the inspector considers necessary to fulfil that purpose;
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(g) remove and retain any records referred to in paragraph (a) for such period as the inspector reasonably considers necessary for the purposes of the performance of the inspector’s functions or the functions of the Regulator under this Act, or require any person referred to in paragraph (d) to retain and maintain such records for such period as the inspector reasonably considers necessary for those purposes;
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(h) require a person referred to in paragraph (d) to answer questions and to make a declaration of the truth of the answers to those questions;
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(i) require any person referred to in paragraph (d) to provide an explanation of a decision, course of action, system or practice or the nature or content of any records referred to in paragraph (a);
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(j) if a person who is required to provide a particular record referred to in paragraph (a) is unable to provide it, require the person to state, to the best of that person’s knowledge and belief, where the record is located or from whom it may be obtained;
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(k) require a person referred to in paragraph (d) to afford the inspector such facilities and assistance within the person’s power, control or responsibilities as are reasonably necessary to enable the inspector to exercise any of the powers conferred on the inspector by this Part.
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(2) A requirement under subsection (1) shall specify a period before the end of which, or a date and time on which, the person the subject of the requirement is to comply with it.
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(3) An inspector shall not enter a dwelling other than—
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(a) with the consent of the occupier, or
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(b) pursuant to a warrant under subsection (4).
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(4) A judge of the District Court, if satisfied on the sworn information of an inspector that—
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(a) (i) there are reasonable grounds for suspecting that any information is, or records required by the inspector under this section are, held on any premises or any part of any premises, and
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(ii) an inspector, in the exercise of powers under subsection (1) has been prevented from entering the premises or any part thereof,
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and
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(b) it is necessary that the inspector enter a dwelling and exercise therein any of the inspector’s powers under this section,
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may issue a warrant authorising the inspector, accompanied if necessary by other persons, at any time or times not later than 30 days from the date of issue of the warrant and on production if so requested of the warrant, to enter, if need be by reasonable force, the premises or part of the premises concerned and perform all or any such functions.
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