Victorian Numbered Acts

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FAIR TRADING AND CONSUMER ACTS AMENDMENT ACT 2007 (NO. 17 OF 2007) - SECT 9

Court may order destruction of dangerous goods

    (1)     In section 129A(1) of the Fair Trading Act 1999 , after "kind" insert "to which a prescribed safety standard applies or".

    (2)     For section 129A(2) of the Fair Trading Act 1999 substitute

    "(2)     On an application under subsection (1), the court may—

        (a)     make an order permitting the destruction of the goods, if it is satisfied that it is appropriate to do so; and

        (b)     make any other order that it considers to be appropriate, including—

              (i)     an order relating to the payment by the owner of the goods of the costs of, and any costs incidental to, the destruction of the goods; or

              (ii)     an order under subsection (2A).

    (2A)     If the court is satisfied that the owner of the goods cannot be found after all reasonable attempts have been made, it may make an order relating to the payment by the supplier of the goods of the costs of, and any costs incidental to, the destruction of the goods.".

    (3)     In section 129A(3) of the Fair Trading Act 1999 , after "in the application" insert "or to the person from whom the goods described in the application were seized".



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