AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 155 Entry without consent or warrant

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 155

    (1)     For the purpose of monitoring compliance with this Act or the regulations, or an order made by a court or tribunal under this Act or the regulations, an inspector may enter and search any premises at which the inspector believes on reasonable grounds—

        (a)     a person is conducting a business or supplying goods or services; or

        (b)     a person is keeping a record or document that—

              (i)     is required to be kept by this Act or the regulations; or

              (ii)     may show whether or not this Act or the regulations are being complied with.

    (2)     An inspector who enters and searches premises under subsection (1) may—

        (a)     examine any thing found on the premises;

        (b)     seize any thing found on the premises or secure any thing found on the premises against interference, if the inspector believes on reasonable grounds that the thing is connected with a contravention of this Act or the regulations;

        (c)     take and keep samples of any thing found on the premises, if the inspector believes on reasonable grounds that the thing is connected with a contravention of this Act or the regulations;

        (d)     examine and test any equipment found on the premises that is of a kind used in connection with the supply of goods or services;

        (e)     in the case of any document on the premises, do all or any of the following—

              (i)     require the document to be produced for examination;

              (ii)     examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts;

              (iii)     remove the document for so long as is reasonably necessary to make copies or take extracts from the document;

        (f)     make any still or moving image or audio-visual recording;

        (g)     bring any equipment onto the premises that the inspector believes on reasonable grounds is necessary for the examination or processing of things (including documents) found at the premises in order to determine whether they are things that may be seized under this section.

    (3)     A power under subsection (1)—

        (a)     must not be exercised in any part of the premises that is used for residential purposes; and

        (b)     must be exercised between the hours of 9 a.m. to 5 p.m., or when the premises are open for business.

    (4)     If an inspector exercises a power of entry under this section without the owner or occupier being present the inspector must, on leaving the premises, leave a notice setting out—

        (a)     the time of entry; and

        (b)     the purpose of entry; and

        (c)     a description of things done while on the premises; and

        (d)     the time of departure; and

        (e)     the procedure for contacting the Director for further details of the entry.