Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 133H

  (1)   If a court is satisfied that:

  (a)   a person possesses or has control of consumer goods of a particular kind; and

  (b)   any of the following apply:

  (i)   the consumer goods do not comply with a safety standard that is in force for consumer goods of that kind and the cause of that non - compliance cannot be remedied;

  (ii)   a permanent ban on consumer goods of that kind is in force;

  (iii)   a recall notice for consumer goods of that kind is in force and a defect or dangerous characteristic of such consumer goods identified in the notice cannot be remedied;

the court may, on the application of an inspector, make an order of a kind referred to in subsection   (2).

  (2)   The court may make an order under subsection   (1) authorising one or more inspectors to do the following in accordance with any requirements specified in the order:

  (a)   to enter the premises of the person that are specified in the order;

  (b)   to search the premises for consumer goods of a kind specified in the order;

  (c)   to seize any such consumer goods that are found at those premises;

  (d)   to destroy or otherwise dispose of any such consumer goods that are so seized.

  (3)   Before making an application under subsection   (1), the inspector must:

  (a)   take reasonable steps to discover who has an interest in the consumer goods; and

  (b)   if it is practicable to do so, notify each person whom the inspector believes to have such an interest of the proposed application.

  (4)   A person notified under subsection   (3) is entitled to be heard in relation to the application.