Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 132J

Interim ban and recall notice without delay in case of danger to the public

             (1)  If it appears to the Commonwealth Minister that consumer goods of a particular kind create an imminent risk of death, serious illness or serious injury, he or she may, by written notice published on the internet, certify that:

                     (a)  an interim ban on consumer goods of that kind should be imposed without delay; or

                     (b)  a recall notice for consumer goods of that kind should be issued without delay.

             (2)  If it appears to the Commonwealth Minister that product related services of a particular kind create an imminent risk of death, serious illness or serious injury, he or she may, by written notice published on the internet, certify that an interim ban on services of that kind should be imposed without delay.

             (3)  If:

                     (a)  the Commonwealth Minister publishes a notice under subsection (1) or (2); and

                     (b)  action of any kind has been taken under Subdivision A of this Division in relation to the interim ban or recall notice, but no recommendation has been made under section 132D;

the Commonwealth Minister may impose the interim ban, or issue the recall notice, without regard to that action.

             (4)  A notice under subsection (1) or (2) is not a legislative instrument.



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