New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 19A

19A Powers of search and seizure under search warrant

(1) In this section:
"authorised officer" has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002 .
"place" includes a vehicle, vessel or aircraft.

(2) An investigator may apply to an authorised officer for the issue of a search warrant if the investigator believes on reasonable grounds that:

(a) there is evidence of a contravention of a provision of this Act on any place or land, or

(b) there are consumer goods of a particular kind being supplied in trade or commerce in or from any place or land that will or may cause injury to any person or a reasonably foreseeable use (or misuse) of which will or may cause injury to any person, or

(c) there are product related services of a particular kind being supplied in trade or commerce in or from any place or land and, as a result of those services being supplied:

(i) any consumer goods will or may cause injury to any person, or

(ii) a reasonably foreseeable use (including misuse) of any consumer goods will or may cause injury to any person.

(3) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any investigator:

(a) to enter the place or land specified in the warrant, and

(b) to search for evidence of any of the matters referred to in subsection (2), and

(c) to exercise the powers of an investigator under subsection (4).

(4) An investigator executing a search warrant issued under this section may:

(a) examine anything (whether or not specified in the warrant) that the investigator believes on reasonable grounds may provide evidence of any of the matters referred to in subsection (2), and

(b) seize anything (whether or not specified in the warrant) that the investigator believes on reasonable grounds is connected with any of the matters referred to in subsection (2).

(5) The power to seize anything that is connected with a matter referred to in subsection (2) includes a power to seize anything that will provide evidence of that matter.

(6) An investigator who seizes any consumer goods, or equipment used in the manufacturing, processing or storage of consumer goods, under this section must provide a receipt for the goods or equipment.

(7) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.

(8) Nothing in this section limits any of the other functions that may be exercised by an investigator under this Part.