Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the
Commissioner is of the opinion that goods of a particular kind create an
imminent risk of death, serious illness or serious injury, the
Commissioner —
(a) may
make an order under section 54 forthwith; and
(b)
shall, by notice published in the Gazette , certify that by reason of that
opinion the order was made without delay,
and the provisions of
this section shall not otherwise apply.
(2) Subject to
subsection (1), where the Commissioner considers making a recall order
under section 54 in relation to goods of a particular kind he may, and in
the case of goods the supply of which is not already banned or restricted
under this Act or any other written law shall, refer to the Consumer
Products Safety Committee the question as to whether the goods should be the
subject of a recall order, and shall have regard to any report submitted by
that Committee on a question referred to that Committee.
(3) The Commissioner
may, upon a question being referred under subsection (2), cause
particulars of the question to be notified to the public in such manner as he
thinks fit.
(4) Where a question
is referred under subsection (2), the Consumer Products Safety Committee
shall have and may exercise in respect to that question all the powers which
that Committee has under the Consumer Affairs Act 1971 in relation to a
question referred under section 23L of that Act.
(5) The Commissioner
shall, if requested to do so by the Consumer Products Safety Committee, give
to that Committee to enable it to consider a question referred to
it —
(a) any
information in the possession of the Commissioner which relates to the
question; and
(b) any
other assistance which the Committee may require, and which the Commissioner
has power to give, in relation to the question.
(6) Where the
Commissioner does not refer the question pursuant to subsection (2), the
Commissioner shall —
(a) make
such investigations as he considers necessary to enable him to make a
determination with respect to the question;
(b) take
into account any representations made to him by any person who, in his
opinion, has a substantial interest in the subject-matter of the question or
by any body which, in his opinion, represents a substantial number of persons
who have such an interest; and
(c)
unless the Commissioner does not consider that it is reasonably practicable to
do so, permit any such person or body —
(i)
to be heard, either by themselves or by their
representatives, by a person authorised by him for the purpose; or
(ii)
otherwise to participate in the consideration of the
question,
before exercising the
power conferred by section 54.
(7) Where the
Commissioner decides to act otherwise than in accordance with recommendations
contained in a report of the Consumer Products Safety Committee furnished
pursuant to this section, he shall by notice published in the Gazette set out
the reasons for his decision.