§ 30 — Powers of entry, etc., at premises

30.—(1) An inspecting officer or a compliance officer may, in accordance with subsections (3) and (4), enter any premises occupied by a relevant person which the inspecting officer or compliance officer reasonably believes are used for or in connection with the conduct of any debt collection business or regulated business, and do all or any of the following at the premises:(a)

examine any thing or observe any activity conducted in or on the premises;

(b)

make a still or moving image or recording of the premises and any thing in or on the premises;

(c)

inspect any document in or on the premises and take extracts from, or make copies of, any such document;

(d)

take into or onto the premises any equipment and material that the inspecting officer or compliance officer requires for the purpose of exercising any power in relation to the premises;

(e)

operate electronic equipment in or on the premises;

(f)

require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the inspecting officer or compliance officer reasonably requires for any of the purposes of section 29(1).

(2) The inspecting officer mentioned in subsection (1) may also, in accordance with subsection (4) —(a)

search the premises and any thing in or on the premises;

(b)

secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the inspecting officer believes on reasonable grounds that —(i)

the thing is evidential material that the inspecting officer reasonably requires for any of the purposes of section 29(1); and

(ii)

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; or

(c)

seize any thing found in or on the premises which the inspecting officer reasonably suspects is as described in paragraph (b)(i).

(3) A compliance officer is not authorised to enter any premises which are not premises mentioned in subsection (1) to exercise any power mentioned in that provision except —(a)

with the consent of the occupier; or

(b)

under a warrant of a Magistrate’s Court or District Court.

(4) An inspecting officer —(a)

is not authorised to enter any premises which are not premises mentioned in subsection (1) to exercise any power mentioned in subsection (1) or (2)(a) or (b), except —(i)

with the consent of the occupier; or

(ii)

under a warrant of a Magistrate’s Court or District Court; and

(b)

is not authorised to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court.

(5) A warrant mentioned in subsection (3) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for a compliance officer to enter any premises to exercise any power mentioned in subsection (1) for any of the purposes of section 29(1).

(6) A warrant mentioned in subsection (4) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for an inspecting officer to enter any premises to exercise any power mentioned in subsection (1) or (2)(a) or (b) or seize any thing (as the case may be) for any of the purposes of section 29(1).

(7) The power under subsection (1)(e) to operate electronic equipment in or on any premises includes the power —(a)

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(8) The power under subsection (2)(b) to secure any thing which is found during the exercise of enforcement powers in or on any premises includes the power —(a)

to secure the thing by locking it up, placing a guard or any other means; and

(b)

to prohibit any person from dealing with the thing.

(9) The power to require an individual to provide any document or information under subsection (1)(f) includes the power —(a)

to require that individual to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the inspecting officer or compliance officer in legible form.

(10) In this section, “relevant person” means —(a)

a person to whom a licence is or was granted;

(b)

a person who is or was a class licensee;

(c)

an individual who is or was a key appointment holder of a person mentioned in paragraph (a) or (b);

(d)

an individual who is or was deployed as a debt collector of a person mentioned in paragraph (a) or (b);

(e)

an individual who is or was employed in any capacity (other than as a debt collector) by a person mentioned in paragraph (a) or (b); or

(f)

a person whom an inspecting officer or a compliance officer suspects on reasonable grounds has committed an offence under this Act.

—(1) An inspecting officer or a compliance officer may, in accordance with subsections (3) and (4), enter any premises occupied by a relevant person which the inspecting officer or compliance officer reasonably believes are used for or in connection with the conduct of any debt collection business or regulated business, and do all or any of the following at the premises:(a)

examine any thing or observe any activity conducted in or on the premises;

(b)

make a still or moving image or recording of the premises and any thing in or on the premises;

(c)

inspect any document in or on the premises and take extracts from, or make copies of, any such document;

(d)

take into or onto the premises any equipment and material that the inspecting officer or compliance officer requires for the purpose of exercising any power in relation to the premises;

(e)

operate electronic equipment in or on the premises;

(f)

require any individual found in or on the premises to answer any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information that the inspecting officer or compliance officer reasonably requires for any of the purposes of section 29(1).

(2) The inspecting officer mentioned in subsection (1) may also, in accordance with subsection (4) —(a)

search the premises and any thing in or on the premises;

(b)

secure a thing for a period not exceeding 24 hours if the thing is found in or on the premises, where the inspecting officer believes on reasonable grounds that —(i)

the thing is evidential material that the inspecting officer reasonably requires for any of the purposes of section 29(1); and

(ii)

it is necessary to secure the thing in order to prevent it from being concealed, lost or destroyed before a warrant to seize the thing is obtained; or

(c)

seize any thing found in or on the premises which the inspecting officer reasonably suspects is as described in paragraph (b)(i).

(3) A compliance officer is not authorised to enter any premises which are not premises mentioned in subsection (1) to exercise any power mentioned in that provision except —(a)

with the consent of the occupier; or

(b)

under a warrant of a Magistrate’s Court or District Court.

(4) An inspecting officer —(a)

is not authorised to enter any premises which are not premises mentioned in subsection (1) to exercise any power mentioned in subsection (1) or (2)(a) or (b), except —(i)

with the consent of the occupier; or

(ii)

under a warrant of a Magistrate’s Court or District Court; and

(b)

is not authorised to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court or District Court.

(5) A warrant mentioned in subsection (3) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for a compliance officer to enter any premises to exercise any power mentioned in subsection (1) for any of the purposes of section 29(1).

(6) A warrant mentioned in subsection (4) may be issued if a Magistrate’s Court or District Court is satisfied that it is necessary for an inspecting officer to enter any premises to exercise any power mentioned in subsection (1) or (2)(a) or (b) or seize any thing (as the case may be) for any of the purposes of section 29(1).

(7) The power under subsection (1)(e) to operate electronic equipment in or on any premises includes the power —(a)

to use a disk, tape or other storage device that is in or on the premises and can be used with the equipment or in association with the equipment;

(b)

to operate electronic equipment in or on the premises to put the relevant data in documentary form and remove the documents so produced from the premises; and

(c)

to operate electronic equipment in or on the premises to transfer the relevant data to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in or on the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(8) The power under subsection (2)(b) to secure any thing which is found during the exercise of enforcement powers in or on any premises includes the power —(a)

to secure the thing by locking it up, placing a guard or any other means; and

(b)

to prohibit any person from dealing with the thing.

(9) The power to require an individual to provide any document or information under subsection (1)(f) includes the power —(a)

to require that individual to provide an explanation of the document or information;

(b)

if the document or information is not provided, to require that individual to state, to the best of the individual’s knowledge and belief, where it is; and

(c)

if the information is recorded otherwise than in legible form, to require the information to be made available to the inspecting officer or compliance officer in legible form.

(10) In this section, “relevant person” means —(a)

a person to whom a licence is or was granted;

(b)

a person who is or was a class licensee;

(c)

an individual who is or was a key appointment holder of a person mentioned in paragraph (a) or (b);

(d)

an individual who is or was deployed as a debt collector of a person mentioned in paragraph (a) or (b);

(e)

an individual who is or was employed in any capacity (other than as a debt collector) by a person mentioned in paragraph (a) or (b); or

(f)

a person whom an inspecting officer or a compliance officer suspects on reasonable grounds has committed an offence under this Act.