Section 11: Power of entry and search
as enacted (not consolidated). juris shows this Act from a copy that is not the official consolidation, so it may not carry every amendment; the amendments juris holds are listed. It does not confirm that this is the law in force today.
11. Power of entry and search
(1) Subject to this section, an authorised officer may enter
and search any premises for the purpose of discharging any function or
exercising any power under this Act.
(2) No authorised officer shall enter or search any premises unless
he shows to the owner or occupier a warrant issued by a Magistrate for the
purpose referred to in subsection (1).
(3) A Magistrate may, on being satisfied on an information upon
oath that entry and search into any premises are necessary to enable the
authorised officer to discharge any of his functions or exercise any of his
powers under this Act, issue a warrant authorising the authorised officer to
enter and search the premises.
(4) A warrant issued under subsection (3) shall be valid for the
period stated in the warrant and may be subject to such condition as the
Magistrate may specify.
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(5) Subject to section 26 of the Bank of Mauritius Act, section 64
of the Banking Act, section 83 of the Financial Services Act, section 30 of
the Financial Intelligence and Anti-Money Laundering Act and section 81
of the Prevention of Corruption Act, an authorised officer may, on entering
any premises –
(a) request the owner or occupier to produce any document,
record or data;
(b) examine any such document, record or data and take
copies or extracts from them;
(c) request the owner of the premises entered into, any
person employed by him, or any other person on the
premises, to give to the authorised officer all reasonable
assistance and to answer all reasonable questions,
orally or in writing.
(6) Where any information requested by the authorised officer is
stored in a computer, disc or cassette, or on microfilm, or preserved by any
mechanical or electronic device, the person to whom the request is made
shall be deemed to be required to produce or give access to it in a form in
which it can be taken away and in which it is visible and legible.
(7) For the purpose of discharging his functions under this
section, the authorised officer may be accompanied by such person as the
Commissioner may determine.