New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 30

30 Interim order prohibiting or restricting the supply of goods

(1) The Minister may make an interim order conditionally or unconditionally prohibiting or restricting the supply of specified goods or of goods of a specified kind if:

(a) the Minister or the Director-General has referred, or proposes to refer, to the Products Safety Committee a question relating to the goods,

(b) the Products Safety Committee recommends the making of such an order before completing its consideration of a question referred to it in relation to the goods, or

(c) if the supply or use of the goods has been prohibited or restricted on an interim basis under another law of the State, a law of the Commonwealth or a law in force elsewhere in Australia, in the interests of public safety,

and the Minister considers that the goods are so dangerous that their supply should, in the interests of public safety, be prohibited or restricted immediately.

(2) If an interim order is made under subsection (1), the Minister may:

(a) give a supplier written notice of the order,

(b) publish notice of the order in the Gazette, or

(c) do both.

(3) If notice of an interim order:

(a) has not been published in the Gazette and is given to a supplier-the order takes effect when the notice is given to the supplier and, unless sooner revoked, expires 42 days later, or

(b) is published in the Gazette (whether or not it has been, or is then or later, given to a supplier)-the order takes effect upon its publication and, unless sooner revoked, expires on a day specified in the Gazette notice that is not less than 42 days, and not more than 3 months, after its publication.

(4) After being renewed once, an interim order may be replaced only by an order made under section 31 before the interim order expires or is revoked.

(5) An order made under section 31 revokes an interim order that it replaces.