Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 135S

  (1)   An inspector who enters premises under a search warrant may give an embargo notice to the occupier of the premises.

  (2)   The inspector may give the notice to the occupier of the premises:

  (a)   by causing a copy of the notice to be served on the occupier; or

  (b)   if the occupier cannot be located after all reasonable steps have been taken to do so--by:

  (i)   causing a copy of the notice to be served on a person on the premises who is reasonably believed to be in regular contact with the occupier; or

  (ii)   causing a copy of the notice to be affixed to the premises, or to a thing on the premises, in a prominent position.

  (3)   The embargo notice must:

  (a)   be in writing; and

  (b)   specify the consumer goods, or product related services, to which the notice relates; and

  (c)   if the notice relates to consumer goods--state that the specified consumer goods must not be:

  (i)   supplied in or from the premises; or

  (ii)   transferred, moved, altered, destroyed or otherwise interfered with;

    during the period specified in the notice; and

  (d)   if the notice relates to product related services--state that the specified product related services must not be supplied in or from the premises during the period specified in the notice; and

  (e)   explain the effect of section   135V or 135W.

  (4)   Despite anything in any other law, a contract for a supply of consumer goods or product related services that is prohibited by an embargo notice is void.

  (5)   If consumer goods are supplied in contravention of an embargo notice:

  (a)   the supplier must immediately return or refund to the person who acquired the goods any consideration (or the value of any consideration) that that person gave:

  (i)   under an agreement for the supply; or

  (ii)   under a related contract or instrument; and

  (b)   if the goods have been removed from the premises in which they were subject to the embargo notice--the person who acquired the goods must:

  (i)   return the goods to the premises; or

  (ii)   notify the supplier of the place where the supplier may collect the goods; and

  (c)   if subparagraph   (b)(ii) applies--the supplier must collect the goods from the place notified to the supplier, and return them to the premises.