35. Persons carrying on money services business without a licence
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(1) If the Authority has reasonable cause to suspect that—
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(a) any person is carrying on money services business without a licence granted under this Act; and
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(b) evidence of contravention of section 4(1) is to be found on any premises in Saint Lucia,
the Authority may lay information on oath before a magistrate with regard to its suspicions.
(Substituted by Act 1 of 2016)
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(2) Upon filing of the information in subsection (1), the Magistrate, may by warrant authorise an officer of the Authority named in such warrant to enter and search such premises with a police officer and seize any books, accounts, records, vouchers and other documents, cheques, securities and any cash as may be found on the premises relating to the conduct of money services business, to ascertain whether the person is carrying on money services business without a licence.
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(3) Any such warrant may authorise—
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(a) the Authority to detain the books, accounts, records, vouchers and other documents, cheques, securities and any cash for a period not exceeding 30 days;
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(b) the officer to make copies of the books, accounts, records, vouchers and other documents, cheques, securities and any cash; and
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(c) the Authority to retain copies of the books, accounts, records, vouchers and other documents, cheques, securities and any cash.
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(4) The person authorised by a warrant to search any premises may
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(a) seize any books, accounts, records, vouchers and other documents, cheques, securities and any cash found—
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(i) in the premises, or
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(ii) in the possession of any person described in paragraph (b) of this subsection;
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(b) search every person who—
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(i) is found on the premises, or
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(ii) has recently left or is about to enter the premises,
if he or she has reasonable grounds for believing that any books, accounts, records, vouchers and other documents, cheques, securities and any cash in respect of the conduct of money services business is on the premises.
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(5) Pursuant to any warrant issued under this section, a person must not be searched by an officer of the opposite sex.
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(6) Where under this section a person has the power to enter any premises, the person may, if necessary, use reasonable force to enter the premises.
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(7) A person who obstructs the Authority or any other person in the exercise of any powers conferred under this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or both.