Section 17: Powers of entry and search

17. Powers of entry and search (1) Subject to this section, an authorised officer may enter and search any premises for the purpose of discharging any functions or exercising any powers 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). (2A) 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. (2B) A warrant issued under subsection (2A) shall be valid for the period stated in the warrant and may be subject to any condition which the Magistrate may specify. (3) Subject to section 26 of the Bank of Mauritius Act, section 64 of the Banking Act, section 83 of the Financial Services Act and section 30 of the Financial Intelligence and Anti-Money Laundering Act, an authorised officer may, on entering any premises— (a) request the owner or occupier to produce any document, record or data; D3 – 11 [Issue 3] Data Protection Act (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 either orally or in writing. (4) Where the information requested by the authorised officer pursuant to subsection (3) is stored in a computer, disc, 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. (5) For the purpose of carrying out his duties under this section, the authorised officer may be accompanied by such person as the Commissioner thinks fit. [S. 17 amended by s. 2 (e) of Act 1 of 2009 w.e.f. 22 May 2009; s. 10 (e) of Act 14 of 2009 w.e.f. 30 July 2009.] (S. 17 came into operation on 16 February 2009.) 18. — [S. 18 repealed by s. 2 (f) of Act 1 of 2009 w.e.f. 22 May 2009.] (S. 18 came into operation on 16 February 2009.)