Victorian Current Acts

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 174

    (1)     The Director may apply to a court for an order permitting the destruction of goods seized by an inspector under this Part, if the goods are subject to—

        (a)     a safety standard; or

        (b)     an interim ban; or

        (c)     a permanent ban.

    (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)     if the court is satisfied that the owner of the goods cannot be found after all reasonable attempts have been made, 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)     At least 7 days prior to the hearing of an application under this section, notice of the application must be sent to the owner of the goods described in the application or to the person from whom the goods described in the application were seized.