§ 23 — Powers of monitoring and investigation

23.—(1) The Registrar may exercise all or any powers in this section for any of the following purposes:(a)

ascertaining whether the provisions of Part 3 are being complied with;

(b)

ascertaining whether any condition of registration or a written direction under section 22 is being complied with;

(c)

investigating any offence under this Act.

(2) The Registrar may —(a)

enter and inspect any place that the Registrar believes on reasonable grounds is used for the business of regulated dealing or business as an intermediary for regulated dealing, even if also used as a residence;

(b)

photograph or film, or make any record or sketch of, any part of the premises, or any thing at the place;

(c)

require any person at that place to produce or grant access to, without charge, any document or material reasonably required for any purpose in subsection (1), which is in the possession or under the control of that person;

(d)

require any person, whom the Registrar reasonably believes has any information or any document or material in the person’s possession, custody or control that is relevant for any of the purposes in subsection (1), to provide that information, or produce or grant access to that document or material;

(e)

inspect and make copies of or take extracts from any document or material provided under paragraph (c) or (d); and

(f)

take possession of the document or material if, in the Registrar’s opinion —(i)

the inspection or copying of or extraction from the document or material cannot reasonably be performed without taking possession;

(ii)

the document or material may be interfered with or destroyed unless possession is taken; or

(iii)

the document or material may be required as evidence for any regulatory action, or in any proceedings under this Act.

(3) Any power under this section to require a person to produce any document or to provide information includes the power —(a)

to take reasonable steps to require the person to produce the document or provide the information immediately or at a place and time specified in writing;

(b)

to require the person to provide an explanation of the document or information;

(c)

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

(d)

if the document or information is recorded otherwise than in legible form, to require the document or information to be made available in legible form; and

(e)

if the document or information is recorded in electronic form, to require the person to —(i)

provide assistance in gaining access to any computer or other equipment in which the document or information is stored; and

(ii)

provide the document or information, or a copy of the document or information, in a form or format specified by the Registrar.

(4) Any thing taken possession of by the Registrar under subsection (2) —(a)

must be placed in safe custody by the Registrar; and

(b)

unless ordered otherwise by the court, may be retained until the completion of the investigation or any proceedings (including proceedings on appeal) in which it may be in evidence.

—(1) The Registrar may exercise all or any powers in this section for any of the following purposes:(a)

ascertaining whether the provisions of Part 3 are being complied with;

(b)

ascertaining whether any condition of registration or a written direction under section 22 is being complied with;

(c)

investigating any offence under this Act.

(2) The Registrar may —(a)

enter and inspect any place that the Registrar believes on reasonable grounds is used for the business of regulated dealing or business as an intermediary for regulated dealing, even if also used as a residence;

(b)

photograph or film, or make any record or sketch of, any part of the premises, or any thing at the place;

(c)

require any person at that place to produce or grant access to, without charge, any document or material reasonably required for any purpose in subsection (1), which is in the possession or under the control of that person;

(d)

require any person, whom the Registrar reasonably believes has any information or any document or material in the person’s possession, custody or control that is relevant for any of the purposes in subsection (1), to provide that information, or produce or grant access to that document or material;

(e)

inspect and make copies of or take extracts from any document or material provided under paragraph (c) or (d); and

(f)

take possession of the document or material if, in the Registrar’s opinion —(i)

the inspection or copying of or extraction from the document or material cannot reasonably be performed without taking possession;

(ii)

the document or material may be interfered with or destroyed unless possession is taken; or

(iii)

the document or material may be required as evidence for any regulatory action, or in any proceedings under this Act.

(3) Any power under this section to require a person to produce any document or to provide information includes the power —(a)

to take reasonable steps to require the person to produce the document or provide the information immediately or at a place and time specified in writing;

(b)

to require the person to provide an explanation of the document or information;

(c)

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

(d)

if the document or information is recorded otherwise than in legible form, to require the document or information to be made available in legible form; and

(e)

if the document or information is recorded in electronic form, to require the person to —(i)

provide assistance in gaining access to any computer or other equipment in which the document or information is stored; and

(ii)

provide the document or information, or a copy of the document or information, in a form or format specified by the Registrar.

(4) Any thing taken possession of by the Registrar under subsection (2) —(a)

must be placed in safe custody by the Registrar; and

(b)

unless ordered otherwise by the court, may be retained until the completion of the investigation or any proceedings (including proceedings on appeal) in which it may be in evidence.