Victorian Numbered Acts

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 154

    (1)     If an inspector, during a search under section 153(1), finds goods referred to in that section on the premises, and believes on reasonable grounds that the goods present a threat of imminent injury or death, the inspector may—

        (a)     seize the goods;

        (b)     secure the seized goods against interference;

        (c)     require the occupier to remove the goods;

        (d)     examine, take and keep samples of the goods.

    (2)     In addition to subsection (1), if the inspector believes on reasonable grounds that it is necessary to do so, the inspector may—

        (a)     in the case of any document on the premises—

              (i)     require the document to be produced for examination;

              (ii)     examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts;

              (iii)     remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

        (b)     make any still or moving image or audio-visual recording.

    (3)     If an inspector finds goods referred to in section 153(1), not being goods that the inspector believes on reasonable grounds present a threat of imminent injury or death, the inspector may prohibit the removal of the goods by notice—

        (a)     given to the occupier of the premises or the person who has or may reasonably be presumed to have control over the business conducted on the premises; or

        (b)     affixed to the goods.

    (4)     Sections 163, 164 and 165 extend and apply to a notice given under subsection (3) (with any necessary modifications) as if—

        (a)     a reference to an embargo notice were a reference to a notice under subsection (3); and

        (b)     a reference to section 162(4) were a reference to subsection (7).

    (5)     A notice under subsection (3) ceases to have effect at the end of 72 hours after the notice is given or affixed under that subsection, whichever is the earlier.

    (6)     If an inspector exercises a power of entry under this section in the absence of the owner or occupier the inspector must, on leaving the premises, leave a notice setting out—

        (a)     the time of entry; and

        (b)     the purpose of entry; and

        (c)     a description of things done while on the premises; and

        (d)     the time of departure; and

        (e)     the procedure for contacting the Director for further details of the entry.

    (7)     A person must not remove goods from premises in contravention of a notice under this section.

Penalty:     60 penalty units.