South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ELECTRICAL PRODUCTS ACT 2000 - SECT 12

12—Power to seize electrical products

        (1)         Subject to subsection (2), an authorised person who suspects on reasonable grounds that a trader has, on particular premises, stocks of an electrical product prohibited from sale under section 8 may—

            (a)         enter and search the premises; and

            (b)         seize and remove any stocks of the electrical product found on the premises.

        (2)         An authorised person may not enter a place of residence under subsection (1) except in pursuance of a warrant issued by a magistrate.

        (3)         A magistrate may issue a warrant authorising entry of a place of residence under subsection (1) if satisfied that the warrant is, in the circumstances of the case, reasonably required for the purposes of the administration or enforcement of this Act.

        (4)         The Magistrates Court may, on the application of the Technical Regulator, order that electrical products seized under subsection (1) be forfeited to the Crown and disposed of as the Technical Regulator thinks fit.

        (5)         If—

            (a)         no application for forfeiture is made within one month after the date of seizure; or

            (b)         such an application is made but does not result in an order for forfeiture,

electrical products seized under subsection (1) must be returned to the person from whom they were seized.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]