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FAIR TRADING ACT 1987 - SECT 19
Powers of entry
19 Powers of entry
(1) The powers conferred by this section may be exercised for the purposes of
this Act and any other legislation administered by the Minister but may not be
exercised for any other purpose.
(2) The power to enter a place or land
conferred by this section does not include a power to enter a place that is a
dwelling-house or other residential premises unless-- (a) the occupier
consents, or
(b) some manufacture, business or trade is carried on there.
(3) An investigator may, at a reasonable time, enter any place that he or she
believes on reasonable grounds to be a place where goods are manufactured,
prepared, stored or supplied or a place where services are supplied or
arranged and-- (a) inspect any goods or partly manufactured goods and make
such other inspections as he or she considers to be necessary,
(b) take any
goods, or partly manufactured goods, for which he or she pays a fair price,
(c) take a sample of anything from which goods are manufactured or produced in
that place,
(c1) seize, detain or remove any consumer goods in that place
that-- (i) the investigator believes, on reasonable grounds, do not comply
with a safety standard (within the meaning of section 2 (1) of the ACL), or
(ii) are the subject of an interim or permanent ban, or
(iii) are the subject
of a recall notice, or
(iv) the investigator believes, on reasonable grounds,
are or are likely to become unsafe,
(d) make inquiries of any person employed
or engaged in that place, or
(e) film, photograph, videotape or otherwise
record a still or moving image of any thing (other than a document) for the
purpose of the investigation of any matter relating to consumer goods or
product related services.
(4) If an investigator believes on reasonable
grounds that there are on any premises documents evidencing-- (a) conduct in
contravention of this Act or any other legislation administered by the
Minister, or
(b) the inclusion of an unfair term in a consumer contract or
small business contract that is a standard form contract (as referred to in
Part 2-3 of the ACL),
the investigator may enter the premises and do any of
the following-- (c) inspect any document,
(d) make a copy of, or take an
extract from, any document,
(e) seize any document, if the investigator
believes on reasonable grounds that it is necessary to prevent it being
interfered with or to prevent its concealment, loss, deterioration or
destruction.
(5) An investigator may-- (a) at a reasonable time-- (i) enter
any place that he or she believes on reasonable grounds to be a place where
transactions involving the disposal of interests in land are effected, or
(ii) enter any land if he or she believes on reasonable grounds that an
interest in the land is being, or is proposed to be, disposed of,
(b) inspect
any documents that are in the place and relate to an interest in land or are
on the land and relate to the disposal of an interest in the land, and
(c)
make inquiries of any person employed or engaged in the place or on the land.
(6) An investigator who seizes, detains or removes any goods, or partly
manufactured goods, under this section must provide a receipt for the goods.
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