Northern Territory Consolidated Acts

CONSUMER AFFAIRS AND FAIR TRADING ACT - SECT 21

(1) The powers exercisable by an authorised officer who has entered a place under or by virtue of section 20 are those specified in subsections (2), (3) and (4) so far as applicable to that place.

(2) In the case of a place falling within section 20(1)(a)(i) or (d), the authorised officer may:

(a) inspect any goods, or partly manufactured or assembled goods, and make such other inspections, and such searches, as the officer considers necessary;

(b) weigh, or otherwise measure, any goods;

(c) open any room, container or package which the officer believes on reasonable grounds to contain goods;

(d) seize without payment, and detain, any goods which the officer believes on reasonable grounds are intended for supply, or have been supplied, in contravention of section 31(1);

(e) take (otherwise than by way of seizure under paragraph (d)) any goods, or partly manufactured or assembled goods, for which the officer undertakes on behalf of the Commissioner that a fair price will be paid; and

(f) take a sample of anything from which goods are manufactured or produced in that place.

(3) In the case of a place falling within section 20(1)(b), the authorised officer may inspect any motor vehicle there which is offered or displayed for sale, or which the authorised officer believes on reasonable grounds may be there for the purposes of sale.

(4) In the case of any of the places referred to in section 20(1), the authorised officer may:

(a) ask questions of any person found there;

(b) require the production of documents;

(c) inspect and require explanations of any document; and

(d) take copies of or extracts from any document or, if in the officer's opinion it is not appropriate for copies or extracts to be taken at the place, remove a document for a reasonable time to enable copies or extracts to be taken.

(5) If an authorised officer seizes goods under subsection (2)(d) and:

(a) proceedings for an offence against section 31(1) in connection with the goods are not instituted within 6 months after their seizure; or

(b) proceedings for such an offence are instituted within that period but the defendant is not on the determination of those proceedings (whether or not within that period) found guilty of an offence,

the person from whom the goods were seized is, on application to the Commissioner, entitled to their return.

(6) If an application for the return of goods is not made within 3 months after the entitlement to their return arises, the Commissioner may dispose of the goods as the Commissioner thinks fit.

(7) If, in proceedings for an offence against section 31(1), the court finds the offence proved, and to have concerned goods seized under subsection (2)(d), the court may order that the goods be forfeited to the Territory.