Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 133D

Consumer goods

  (1)   The Commonwealth Minister or an inspector may give a disclosure notice to a person (the notice recipient ) if the person giving the notice has reason to believe:

  (a)   that the notice recipient is capable of giving information, producing documents or giving evidence in relation to the supply, or possible supply, in trade or commerce, of consumer goods of a particular kind as specified in the notice; and

  (b)   that:

  (i)   consumer goods of that kind will or may cause injury to any person; or

  (ii)   a reasonably foreseeable use (including a misuse) of consumer goods of that kind will or may cause injury to any person.

Product related services

  (2)   The Commonwealth Minister or an inspector may give a disclosure notice to a person (the notice recipient ) if the person giving the notice has reason to believe:

  (a)   that the notice recipient is capable of giving information, producing documents or giving evidence in relation to the supply, or possible supply, in trade or commerce, of product related services of a particular kind as specified in the notice; and

  (b)   that:

  (i)   as a result of services of that kind being supplied, consumer goods of a particular kind will or may cause injury to any person; or

  (ii)   a reasonably foreseeable use (including a misuse) of consumer goods of a particular kind, to which such services relate, will or may cause injury to any person as a result of such services being supplied.

Disclosure notice

  (3)   A disclosure notice is a written notice requiring the notice recipient:

  (a)   to give, in writing signed by the notice recipient, any such information to the person specified in the notice:

  (i)   in the manner specified in the notice; and

  (ii)   within such reasonable time as is specified in the notice; or

  (b)   to produce, in accordance with such reasonable requirements as are specified in the notice, any such documents to the person specified in the notice; or

  (c)   to appear before the person specified in the notice at such reasonable time, and at such place, as is specified in the notice:

  (i)   to give any such evidence, on oath or affirmation; and

  (ii)   to produce any such documents.

  (4)   The person specified in the notice may be:

  (a)   the Commonwealth Minister; or

  (b)   an inspector (whether or not that inspector gave the notice).