48. Powers of entry, etc. — authorised officers

to determine a licensee’s compliance with Part 3 or 4 (as the case may be) or any regulations made under this Act applicable to the licensee;

to determine a licensee’s compliance with any condition of the licence, or any code of practice applicable to the licensee;

to determine whether information provided to the Authority under a provision of this Act or any subsidiary legislation made thereunder is correct;

to investigate whether there are grounds for taking any action against a licensee under —

section 19(1) or (2) (revocation or suspension of major FDI licence, etc.);

section 20(2) or (3) (financial penalty);

section 39(1), (2) or (3) (revocation or suspension of DC licence, etc.); or

section 40(2) or (3) (financial penalty).

to inspect, examine or take measurements of the premises and any equipment, system or other thing and observe any activity conducted in or on the premises;

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

to inspect and make copies of or take extracts from, or require the occupier or any person having the management or control of the premises to, without payment, provide copies of or extracts from, any book, document, record or electronic material;

to take into or onto the premises any equipment and materials that the authorised officer requires for the purpose of exercising any power under this Act in relation to the premises;

to operate electronic equipment in or on the premises;

to 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 authorised officer reasonably requires for any of the purposes in subsection (1).

to enter any premises except —

with the consent of the occupier; or

under a warrant of a Magistrate’s Court;

to search any premises unless the search is made under a warrant of a Magistrate’s Court; or

to seize any thing in or on any premises unless the seizure is made under a warrant of a Magistrate’s Court.

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

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

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

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

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.

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

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

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