Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 89

89 Powers of inspectors

(1) For the purpose of the discharge by the commissioner of any of the commissioner’s functions under this Act, or for any other purposes of this Act, an inspector may at all reasonable times—

(a) enter any premises the inspector knows or reasonably suspects—

(i) are being used for the production, manufacture, assembly, preparation, storage or supply of goods or the supply of services; or

(ii) have been or are being or are likely to be used by any person in connection with a contravention of this Act; and

(b) enter any premises where the inspector knows or reasonably suspects that records are kept relating to the supply of goods or services or relating to a contravention of this Act; and

(c) enter any premises that the inspector knows or reasonably suspects to be used by any person for printing or as an office in connection with the trade or commerce of printing any newspaper or other publication, which the inspector knows or reasonably suspects to be associated with any contravention of this Act; and

(d) enter any commercial broadcasting or television station, which the inspector knows or reasonably suspects to be associated with any contravention of this Act; and

(e) in any premises entered by the inspector—

(i) search for, examine, take possession of or make copies of or extracts from records relating to goods or services supplied or to be supplied or relating to any matter the subject of an investigation under this Act; and

(ii) search for and examine goods found on the premises; and

(iii) exercise any power under this Act to seize goods without payment or take any goods found on the premises, on payment or tendering of a reasonable price for them; and

(iv) seize without payment any brochures, leaflets, books, writings, documents or other materials that the inspector knows or reasonably suspects have been, are being, or are likely to be used to advertise, promote or make representations with respect to any matter in contravention of this Act; and

(v) open any room, place or container or package that the inspector knows or reasonably suspects to contain goods; and

(vi) question with respect to matters under this Act any person the inspector finds on the premises; and

(f) make such inquiry and examination as the inspector believes to be necessary or desirable to assist the discharge or exercise of any function or power under this Act or to ascertain whether any contravention of this Act has been, is being, or is likely to be committed.

(1A) Subsection (1) does not authorise forcible entry by an inspector to any premises other than under the authority of a warrant obtained by the inspector under subsection (3) .

(2) Before an inspector enters any part of premises which part is used as a dwelling the inspector shall, unless the inspector has the permission of the occupier of that part to the inspector’s entry, obtain from a justice a warrant to enter.

(3) A justice who is satisfied upon the complaint of an inspector that there is reasonable cause to suspect that any place has been or is being or is likely to be used in connection with a contravention of this Act or for the keeping of records relating to a contravention of this Act may issue the justice’s warrant directed to the inspector to enter the place specified in the warrant for the purpose of the inspector exercising in the premises the powers conferred on an inspector by this Act.

(4) A warrant issued under this section shall be, for a period of 1 month from its issue, sufficient authority—

(a) to the inspector to whom it is directed and to all persons acting in aid of the inspector to enter the place specified in the warrant; and

(b) to the inspector to whom it is directed and to all persons acting in aid of the inspector to exercise in respect of the place specified in the warrant all the powers conferred on an inspector by this Act.

(5) For the purpose of gaining entry to any place, an inspector may call to the inspector’s aid such persons as the inspector considers necessary and such persons, while acting in aid of an inspector in the lawful exercise by the inspector of the inspector’s power of entry, shall have a like power of entry.

(6) Where an inspector has taken possession of records or of other property for the purposes of this Act the inspector may—

(a) in the case of any records—retain the same for so long as is necessary for those purposes, but the person otherwise entitled to possession of the records, if the person so requests it is entitled to be furnished as soon as practicable with a copy of the records certified by the commissioner to be a true copy and such a certified copy shall be received in all courts and elsewhere as evidence of the matters contained in the copy as if it were the original; and

(b) in the case of other property—subject to the express provisions of this Act, retain the property for so long as is necessary for those purposes, and afterwards dispose of it as the commissioner directs.