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StatuteCompetition and Consumer Act 2010

Section 135 — Competition and Consumer Act 2010: Inspector may enter premises

Text of the provision Official document

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.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.