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106.   Minister's power to require production of documents

Revised Laws of Saint Lucia (2021)

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106.   Minister's power to require production of documents

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    (1)   The Minister may, at any time, if the Minister thinks there is good reason to do so, require an international partnership, an international partner or the registered agent of an international partnership to produce at the time and place as may be specified in the directions, to the officer of the Minister specified in the directions, the books and documents as may be so specified.

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    (2)   The Minister or the officer of the Minister specified in the directions referred to in subsection (1) may take copies of any books and papers produced pursuant to subsection (1).

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    (3)   The Minister or the officer of the Minister specified in the directions referred to in subsection (1) may require any past or present international partner, registered agent, officer or agent of an international partnership to provide an explanation of, or make a statement in relation to, any of the books or papers produced pursuant to subsection (1).

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    (4)   A past or present international partner, registered agent, officer or agent of an international partnership shall not —

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      (a)     refuse to produce books or papers required pursuant to subsection (1);

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      (b)     refuse to provide an explanation or make a statement pursuant to subsection (3).

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    (5)   A past or present international partner, registered agent, officer or agent of an international partnership who contravenes subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding $5000.

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    (6)   If the requirement to produce books or papers is not complied with, a magistrate may, if satisfied on information on oath laid pursuant to the authority of the Minister that there are reasonable grounds for suspecting that there are any books or papers of which production has been required pursuant to subsection (1), issue a warrant authorizing a police officer together with any other persons named in the warrant to enter the premises specified in the warrant, using such force as is reasonably necessary for the purpose, and to search the premises and take possession of any books or papers appearing to be the books or papers, the production of which have been required pursuant to subsection (1) and to take any other steps which may appear necessary for preserving them or preventing interference with them.

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    (7)   A warrant issued pursuant to subsection (5) continues in force until the end of one month after the date on which it is issued.

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    (8)   A person shall not —

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      (a)     obstructs the exercise of a right of entry or search conferred by a warrant issued pursuant to this section; or

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      (b)     obstructs the exercise of a right conferred by a warrant issued pursuant to this section to take possession of any books or papers.

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    (9)   A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $5000.

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    (10)   Any books or papers of which possession is taken pursuant to this section may be retained for a period not exceeding 3 months unless within that period there are commenced criminal proceedings to which the books or papers are relevant, in which case, they may be retained until the conclusion of those proceedings.

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