FAIR TRADING ACT 2010 - SECT 79

FAIR TRADING ACT 2010 - SECT 79

79 .         Seizing things

        (1)         An authorised person may seize a document or other thing that is produced or given in response to a requirement under this Division, or that is found as the result of executing a warrant under this Division.

        (2)         However, a document or other thing cannot be seized unless the authorised person reasonably suspects that the document or thing —

            (a)         is being, or has been, used to commit a breach of this Act or another Act that confers functions on the Commissioner; or

            (b)         may provide evidence of the commission of a breach of this Act or another Act that confers functions on the Commissioner.

        (3)         As soon as practicable after the document or other thing is seized, the authorised person must give a receipt for it to the person from whom it was seized.

        (4)         The receipt must clearly describe the document or thing seized and its condition.

        (5)         If, for any reason, it is not practicable to comply with subsection (3), the authorised person must —

            (a)         leave the receipt at the place of seizure; and

            (b)         ensure the receipt is left in a reasonably secure way and in a conspicuous position.