FAIR TRADING ACT 1989 - SECT 39 Embargo notices

FAIR TRADING ACT 1989 - SECT 39

39 Embargo notices

(1) An inspector who enters premises under section 89 may give an
"embargo notice" to the occupier of the premises in relation to the supply of goods or services from the premises.

(2) The inspector may give the embargo notice to the occupier only if the inspector is satisfied on reasonable grounds—

(a) to the extent the embargo notice relates to goods—that the goods have been supplied, or offered to be supplied, from the premises in contravention of this Act; and

(b) to the extent the embargo notice relates to services—that the services have been supplied, or offered to be supplied, from the premises in contravention of this Act.

(3) The inspector may give the 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 all reasonable steps have been taken to do so—by causing a copy of the notice to be—

(i) served on a person on the premises who is reasonably believed to be in regular contact with the occupier; or

(ii) affixed to the premises, or to a thing on the premises, in a prominent position.

(4) The embargo notice must—

(a) be in writing; and

(b) state the goods and services to which the notice relates; and

(c) if the notice relates to goods—state that the stated goods must not be—

(i) supplied in or from the premises; or

(ii) transferred, moved, altered, destroyed or otherwise interfered with;

during the period stated in the notice; and

(d) if the notice relates to services—state that the stated services must not be supplied in or from the premises during the period stated in the notice; and

(e) explain the effect of—

(i) for goods†” section 42 ; or

(ii) for services†” section 43 .

(5) Despite anything in any other law, a contract for the supply of goods or services that is prohibited by an embargo notice is void.

(6) If 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 the 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.