FAIR TRADING INSPECTORS ACT 2014 - As at 1 February 2024 - Act 8 of 2014
- As at 1 February 2024
- Act 8 of 2014
Table of Provisions
CHAPTER 1 - PRELIMINARY
CHAPTER 2 - INSPECTORS
PART 1 - GENERAL PROVISIONS ABOUT INSPECTORS
Division 1 - Functions
- 12 Functions of inspectors
Division 2 - Appointment
- 13 Appointment and qualifications
- 14 Appointment conditions and limit on powers
- 15 When office ends
- 16 Resignation
Division 3 - Identity cards
- 17 Issue of identity card
- 18 Production or display of identity card
- 19 Return of identity card
Division 4 - Miscellaneous provisions
- 20 References to exercise of powers
- 21 Reference to document includes reference to reproductions from electronic document
PART 2 - ENTRY TO PLACES BY INSPECTORS
Division 1 - Power to enter
- 22 General power to enter places
Division 2 - Entry by consent
- 23 Application of div 2
- 24 Incidental entry to ask for access
- 25 Matters inspector must tell occupier
- 26 Consent acknowledgement
Division 3 - Entry under warrant
Subdivision 1 - Obtaining warrant
- 27 Application for warrant
- 28 Issue of warrant
- 29 Electronic application
- 30 Additional procedure if electronic application
- 31 Defect in relation to a warrant
Subdivision 2 - Entry procedure
- 32 Procedure
PART 3 - OTHER INSPECTORS’ POWERS AND RELATED MATTERS
Division 1 - Stopping or moving vehicles
- 33 Application of div 1
- 34 Power to stop or move
- 35 Identification requirements if vehicle moving
- 36 Failure to comply with direction
Division 2 - General powers of inspectors after entering places
- 37 Application of div 2
- 38 General powers
- 39 Power to require reasonable help
- 40 Offence to contravene help requirement
Division 3 - Seizure by inspectors and forfeiture
Subdivision 1 - Power to seize
- 41 Seizing evidence at a place that may be entered without consent or warrant
- 42 Seizing evidence at a place that may be entered only with consent or warrant
- 43 Seizure of property subject to security
Subdivision 2 - Powers to support seizure
- 44 Power to secure seized thing
- 45 Offence to contravene other seizure requirement
- 46 Offence to interfere
Subdivision 3 - Safeguards for seized things
- 47 Receipt and information notice for seized thing
- 48 Access to seized thing
- 49 Return of seized thing
Subdivision 4 - Forfeiture
- 50 Forfeiture by chief executive decision
- 51 Information notice about forfeiture decision
Subdivision 5 - Dealing with property forfeited or transferred to the State
- 52 When thing becomes property of the State
- 53 How property may be dealt with
Division 4 - Disposal orders
Division 5 - Other information-obtaining powers of inspectors
- 55 Power to require name and address
- 56 Offence to contravene personal details requirement
- 57 Power to require production of document
- 58 Offence to contravene document production requirement
- 59 Offence to contravene document certification requirement
- 60 Power to require information
- 61 Offence to contravene information requirement
PART 4 - OBTAINING CRIMINAL HISTORY REPORTS
- 62 Purpose of pt 4
- 63 Chief executive’s power to obtain criminal history report
- 64 Criminal history is confidential document
PART 5 - MISCELLANEOUS PROVISIONS RELATING TO INSPECTORS
Division 1 - Damage
- 65 Duty to avoid inconvenience and minimise damage
- 66 Notice of damage
Division 2 - Compensation
Division 3 - Other offences relating to inspectors
- 68 Giving inspector false or misleading information
- 69 Obstructing inspector
- 70 Impersonating inspector
Division 4 - Other provisions
- 71 Evidential immunity for individuals complying with particular requirements
CHAPTER 3 - APPEALS, EVIDENCE AND LEGAL PROCEEDINGS
PART 1 - REVIEWS AND APPEALS
Division 1 - Right of appeal
Division 2 - Internal review of decisions
- 73 Appeal process starts with internal review
- 74 How to apply for review
- 75 Stay of operation of decision
- 76 Review decision
Division 3 - Appeals
- 77 Who may appeal
- 78 Procedure for an appeal to the court
- 79 Stay of operation of review decision
- 80 Powers of court on appeal
- 81 Effect of decision of court on appeal
PART 2 - EVIDENCE AND LEGAL PROCEEDINGS
Division 1 - Evidentiary provisions
- 82 Application of div 1
- 83 Authority
- 84 Signatures
- 85 Other evidentiary aids
Division 2 - Offence proceedings
- 86 Offences under Act are summary
- 87 Statement of complainant’s knowledge
CHAPTER 4 - MISCELLANEOUS PROVISIONS
- 88 Supervision by inspector
- 89 Reasonable excuse defences
- 90 Protection from liability for particular persons
- 91 Delegation by chief executive
- 92 Confidentiality of information
- 93 Approved forms
- 94 Regulation-making power
CHAPTER 5 - TRANSITIONAL PROVISIONS
PART 1 - PURPOSES, DEFINITIONS AND GENERAL APPROACH
- 95 Main purposes of ch 5
- 96 Definitions for ch 5
- 97 References to primary Act for ch 5
- 98 Document, action, obligation or protection under previous provision of primary Act
- 99 Terminology in things mentioned in s 98(1)
- 100 Period stated in previous provision
- 101 Period or date stated in document given under previous provision
- 102 Action happening before commencement may be relevant to proceeding for particular acts or omissions
- 103 Acts Interpretation Act 1954, s 20 not limited
PART 2 - TRANSITIONAL PROVISIONS RELATING TO PARTICULAR PROVISIONS OF PRIMARY ACTS
Division 1 - Examples for chapter 2
- 104 Examples for ch 2 of documents under s 98
- 105 Examples for ch 2 of obligations under s 98
- 106 Examples for ch 2 of protections under s 98
Division 2 - General matters
- 107 Existing authorised officers
- 108 Existing inspectors
- 109 Reviews and appeals
- 110 References in Acts and documents