30Order for destruction of goods

30 Order for destruction of goods

(1)  A court may, on the application of an authorised officer, make an order of a kind referred to in subsection (2) , if the court is satisfied that –

(a) a person possesses or has control of consumer goods of a particular kind; and

(b) any of the following apply:

(i) the consumer goods do not comply with a safety standard that is in force for consumer goods of that kind and the cause of the non-compliance cannot be remedied;

(ii) a permanent ban on consumer goods of that kind is in force;

(iii) a recall notice for consumer goods of that kind is in force and a defect or dangerous characteristic of such consumer goods identified in the notice cannot be remedied.

(2)  The court may make an order under subsection (1) authorising one or more authorised officers to do the following in accordance with any requirement specified in the order:

(a) to enter the premises of the person that are specified in the order;

(b) to search the premises for consumer goods of a kind specified in the order;

(c) to seize any such consumer goods that are found on those premises;

(d) to destroy or otherwise dispose of any such consumer goods that are so seized.

(3)  Before making an application under subsection (1) , the authorised officer must –

(a) take reasonable steps to discover who has an interest in the consumer goods; and

(b) if it is practicable to do so, notify of the proposed application each person whom the authorised officer believes to have such an interest.

(4)  A person notified under subsection (3) is entitled to be heard in relation to the application.

(5)  If an authorised officer seizes and destroys or otherwise disposes of consumer goods in accordance with an order under  –