The Laws of Fiji
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Last Updated: 16 October 2023
AN ACT TO REFORM THE FIJI NATIONAL PROVIDENT FUND, TO MAKE PROVISION TO SECURE RETIREMENT SAVINGS AND RETIREMENT INCOMES, AND FOR RELATED PURPOSES
[FNPF 103] Warrants103
103
except on application by an inspector.
(2) The application is to be in writing and accompanied by a statement in writing setting out information in support of the application. The Magistrate may require further information.
(3) All information, oral or in writing, in support of the application must be given on oath or affirmation.
(4) The regulations may make provision for applications to be made by fax, or telephone, or in other ways.
(5) The Magistrate is not to issue the warrant unless satisfied that there are reasonable grounds to suspect that a person has committed an offence against this Act or the former law and that there is, in the place or premises specified in the application, a thing that will afford evidence of the offence.
[subs (5) am Decree 77 of 2012 s 24, effective 1 March 2012]
(6) A warrant is to—
- (a)name the inspector who applied for the warrant;
- (b)specify the place or premises to be entered and searched;
- (c)describe the offence in respect of which it is issued;
- (e)specify the conditions, if any, to which the warrant is subject; and
- (f)specify a day (not more than 7 days after its issue), on which it ceases to be in force.
(7) Another warrant may be issued before or after a warrant has ceased to be in force.
(8) Subject to any conditions in the warrant, a warrant may be executed at any time of the day or night.
(9) A warrant is taken to authorise the inspector named in the warrant, and any other inspector, to execute the warrant with such assistance as is necessary.
(10) In executing a warrant—
- (a)the inspector may obtain such assistance; and
- (b)the inspector, or a person who is assisting in executing the warrant may use such force against persons and things;
as is necessary and reasonable in the circumstances.
(11) If—
- (a)a warrant in respect of a place or premises is being executed; and
- (b)the occupier of the place or premises, or another person who apparently represents the occupier, is present;
the inspector must, on request by the occupier or other person, make a copy of the warrant available to the occupier or other person. The copy need not include the signature of the issuing Magistrate or a court seal.