Western Australian Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 49

49 .         Warning notice to public (TPA s. 65B, 65S)

        (1)         The Commissioner may take whatever action he considers necessary to warn the public of the danger associated with any dangerous goods or goods that do not comply with any applicable product safety standard, and, without limiting the generality of that power, he may publish in any newspaper or by radio or television any information as to the goods including the trade name and description of the goods, and, if he considers it desirable, the names of the manufacturers and suppliers of the goods that are known to him.

        (2)         The Commissioner may publish a notice in writing in the Gazette containing one or both of the following —

            (a)         a statement that goods of a kind specified in the notice are under investigation to determine whether the goods will or may cause injury to any person;

            (b)         a warning of possible risks involved in the use of goods of a kind specified in the notice.

        (3)         The Commissioner shall, within 2 days after the publication of a warning under subsection (1) or of a notice in the Gazette under subsection (2), or, if it is not practicable to do so within that period, as soon as practicable after the end of that period, either — 

            (a)         cause particulars of that warning or a copy of the notice to be given to each person who, to the knowledge of the Commissioner, supplies goods of the kind to which the warning or notice relates; or

            (b)         cause particulars of that warning or a copy of the notice, as the case requires, to be published in a newspaper circulating in that part of the State where goods of the kind to which the notice relates are, to the knowledge of the Commissioner, supplied.

        (4)         The Minister shall, as soon as practicable after an investigation referred to in a notice published under subsection (2) has been completed, by notice in writing published in the Gazette , announce the results of the investigation, and may announce in the notice whether, and if so, what action is proposed to be taken in relation to the goods under this Part or the Consumer Affairs Act 1971 .



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