Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 87

87 Seizure etc. of goods in certain cases

(1) An inspector may at any time seize and detain goods that the inspector suspects on reasonable grounds are intended for supply or have been supplied—

(a) in contravention of a relevant pecuniary penalty provision; or

(b) in circumstances that constitute the commission of an offence against section 45 .

(2) Where a person is charged with an offence against a relevant offence provision, the court before which the complaint is heard, if it is satisfied that any goods that are the subject of the charge are goods in respect of which a relevant regulating instrument is in force, may, whether or not that person is convicted of the offence charged, order the goods to be forfeited to the Crown.

(3) A person claiming to be entitled to goods that have been seized and detained under subsection (1) may, within 28 days after the date of the seizure of the goods, apply to a magistrate for an order for the delivery to the person of those goods.

(3A) Notice of the application shall be served by the applicant on the commissioner before the hearing of the application.

(3B) The commissioner shall be entitled to appear at the hearing of the application as respondent and may be represented at the hearing either by an inspector appointed by the commissioner or by counsel or solicitor.

(4) In a proceeding upon an application under subsection (3) —

(a) if the magistrate is satisfied that any of the goods in question are goods in respect of which the relevant regulating instrument is in force, the magistrate may order them to be forfeited to the Crown; and

(b) if the magistrate is not so satisfied, the magistrate may order them to be delivered to any person that appears to the magistrate to be entitled to them.

(5) Upon the expiration of 28 days after the date of seizure of goods under subsection (1) , if no application for the delivery of the goods has been properly made, the goods shall be forfeited to the Crown.

(6) Where an application for delivery of those goods has been made under subsection (3) , but has been withdrawn before it is heard, then, upon—

(a) the withdrawal of the application; or

(b) the expiration of 28 days after the date of seizure of the goods;

whichever is the later, the goods shall be forfeited to the Crown.

(7) Goods forfeited to the Crown under this section may be disposed of in such way as the Minister directs.

(8) In this section—

"relevant offence provision" means—

(a) section 45 ; or

(b) section 86 ; or

(c) any of the following provisions of the Australian Consumer Law (Queensland)—

(i) section 194 ;

(ii) section 195 ;

(iii) section 197 ;

(iv) section 198 ;

(v) section 199 .

"relevant pecuniary penalty provision" means—

(a) section 86 ; or

(b) any of the following provisions of the Australian Consumer Law (Queensland)—

(i) section 106 (1) ;

(ii) section 107 (1) ;

(iii) section 118 (1) ;

(iv) section 119 (1) ;

(v) section 127 (2) .

"relevant regulating instrument" means a regulating instrument that is directly relevant to the offence with which the person is charged.