Victorian Numbered Acts

CONSUMER AFFAIRS LEGISLATION AMENDMENT ACT 2014 (NO. 50 OF 2014) - SECT 19

    (1)     After section 162(1) of the Australian Consumer Law and Fair Trading Act 2012 insert —

    "(1A)     If, during a search under section 153(1), an inspector finds goods referred to in that section on the premises, the inspector may issue an embargo notice in respect of the goods.

    (1B)     Subsection (1A) does not apply in relation to goods that the inspector believes on reasonable grounds present a threat of imminent injury or death.".

    (2)     For section 162(2) of the Australian Consumer Law and Fair Trading Act 2012 substitute —

    "(2)     An embargo notice must be issued—

        (a)     by giving a copy of the notice to the occupier or the person who has or may reasonably be presumed to have control over the business conducted at the premises; or

        (b)     if neither of the persons referred to in paragraph (a) can be located after all reasonable steps have been taken to do so, by affixing a copy of the notice to the thing in a prominent position.".

    (3)     After section 162(5) of the Australian Consumer Law and Fair Trading Act 2012 insert —

    "(5A)     An embargo notice issued under subsection (1A) ceases to have effect at the end of 72 hours after the notice is given or affixed under subsection (2).".