South Australian Current Acts South Australian Current Acts (1) If, as the result
of an examination, analysis or test of consumer goods, or product related
services, conducted under this Act, the Minister—
(a)
imposes an interim ban on the goods or services; or
(b)
issues a recall notice for the goods,
the Minister may recover as a debt from a manufacturer or supplier of the
goods or from a supplier of the services the reasonable cost of any such
examination, analysis or test.
(2) If, as the result
of an examination, analysis or test of consumer goods, or product related
services, conducted under this Act—
(a) the
goods are found not to comply with an applicable safety standard; or
(b) the
services are found not to comply with an applicable safety standard,
the Minister may recover as a debt from a manufacturer or supplier of the
goods or from a supplier of the services the reasonable cost of any such
examination, analysis or test.
(3) If a person
provides (in contravention of this Act) materially inaccurate information in
relation to consumer goods or product related services, the Minister may
recover as a debt from that person the reasonable cost of any examination,
analysis or test carried out for the purpose of testing the accuracy of the
information.
(4) The court by which
a person is convicted of an offence against this Act may, on the application
of the Minister, order payment of any amount that the Minister is entitled to
recover from the convicted person under this section.
(5) The Minister must,
before proceeding to recover costs from a person under this section, supply to
the person a statement setting out details of the examination, analysis or
test that was carried out and the costs that were incurred.
(6) In proceedings for
the recovery of the cost of carrying out an examination, analysis or test to
which this section applies, a certificate apparently signed by the
Minister—
(a)
certifying that the Minister supplied a statement in accordance with
subsection (5) on a date specified in the certificate; or
(b)
certifying the amount of the costs,
will be accepted, in the absence of proof to the contrary, as proof of the
matter so certified.