Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 135

Inspector may enter premises

Consumer goods

  (1)   If an inspector has reason to believe that:

  (a)   consumer goods of a particular kind will or may cause injury to any person; or

  (b)   a reasonably foreseeable use (including a misuse) of consumer goods of a particular kind will or may cause injury to any person;

the inspector may, for the purposes of ascertaining the matter referred to in paragraph   (a) or (b):

  (c)   enter any premises in or from which the inspector has reason to believe that a person supplies consumer goods of that kind in trade or commerce; and

  (d)   exercise search - related powers in relation to the premises.

Product related services

  (2)   If an inspector has reason to believe that:

  (a)   as a result of product related services of a particular kind being supplied, consumer goods of a particular kind will or may cause injury to any person; or

  (b)   a reasonably foreseeable use (including a misuse) of consumer goods of a particular kind, to which product related services of a particular kind relate, will or may cause injury to any person as a result of such services being supplied;

the inspector may, for the purposes of ascertaining the matter referred to in paragraph   (a) or (b):

  (c)   enter any premises in or from which the inspector has reason to believe that a person supplies product related services of that kind in trade or commerce; and

  (d)   exercise search - related powers in relation to the premises.

Limitation on entry

  (3)   However, the inspector is not entitled to enter premises under subsection   (1) or (2) unless:

  (a)   the occupier of the premises has consented to the entry and the inspector has shown his or her identity card if required by the occupier; or

  (b)   the entry is made under a search warrant; or

  (c)   the entry is made in circumstances in which the exercise of search - related powers is required without delay in order to protect life or public safety.

Note:   For requirements relating to the occupier's consent, see section   135H.


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