FAIR TRADING ACT 1987 - SECT 23D
Embargo notices
FAIR TRADING ACT 1987 - SECT 23D
Embargo notices
(1) An investigator may give an embargo notice in relation to consumer goods
to an occupier of premises if the investigator has reasonable grounds to
believe that-- (a) the consumer goods are being manufactured, prepared, stored
on or supplied from the premises in trade or commerce and the consumer goods --
(i) do not comply with a safety standard (within the meaning of section 2 (1)
of the ACL ), or (ii) are the subject of an interim or permanent ban , or
(iii) are the subject of a recall notice , or (iv) are or are likely to become
unsafe, and (b) it is not practicable to seize and remove the consumer goods
or equipment used in the manufacturing, processing, storage or supply of the
consumer goods . (1A) An investigator may give an embargo notice in relation
to product related services to an occupier of premises if the investigator
reasonably believes that-- (a) product related services are being supplied
from the premises in trade or commerce , and (b) the product related services
are unsafe, and (c) it is not practicable to seize and remove equipment used
in connection with the supply of those unsafe product related services . (2)
An embargo notice may do any one or more of the following-- (a) require that
specified consumer goods must not be-- (i) supplied in or from the premises,
or (ii) transferred, moved, altered, destroyed or otherwise interfered with,
during the period specified in the notice, (b) require that specified
equipment-- (i) used in the manufacturing, processing or storage of specified
consumer goods , or (ii) used in connection with the supply of specified
product related services , must not be transferred, moved, altered, destroyed
or otherwise interfered with during the period specified in the notice, (c)
require that specified product related services must not be supplied in or
from the premises during the period specified in the notice. (3) An
embargo notice must-- (a) be in writing, and (b) explain the effect of
section 23G. (4) The investigator may give an embargo notice to the occupier
of the premises-- (a) by causing a copy of the notice to be served on the
occupier, or (b) if the occupier cannot be located after reasonable steps
have been taken to do so, by causing a copy of the notice-- (i) to be served
on a person on the premises who is reasonably believed to be in regular
contact with the occupier, or (ii) to be affixed to the premises, or to a
thing on the premises, in a prominent position. (5) Despite anything in any
other law, a contract for a supply of consumer goods or
product related services that is prohibited by an embargo notice is void. (6)
If consumer goods are supplied in contravention of an embargo notice -- (a) the
supplier must immediately return or refund to the person who acquired the
goods any consideration (or the value of any consideration) that that person
gave-- (i) under an agreement for the supply , or (ii) under a related
contract or instrument , and (b) if the goods have been removed from the
premises in which they were subject to the embargo notice , the person who
acquired the goods must-- (i) return the goods to the premises, or (ii)
notify the supplier of the place where the supplier may collect the goods , and
(c) if paragraph (b) (ii) applies, the supplier must collect the goods from
the place notified to the supplier and return them to the premises.
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