135Inspector may enter premises

135 Inspector may enter premises

Consumer goods

(1) If an inspector has reason to believe that:

(a) consumer goods of a particular kind will or may cause injury to any person; or

(b) a reasonably foreseeable use (including a misuse) of consumer goods of a particular kind will or may cause injury to any person;

the inspector may, for the purposes of ascertaining the matter referred to in paragraph (a) or (b):

(c) enter any premises in or from which the inspector has reason to believe that a person supplies consumer goods of that kind in trade or commerce; and

(d) exercise search‑related powers in relation to the premises.

Product related services

(2) If an inspector has reason to believe that:

(a) as a result of product related services of a particular kind being supplied, consumer goods of a particular kind will or may cause injury to any person; or

(b) a reasonably foreseeable use (including a misuse) of consumer goods of a particular kind, to which product related services of a particular kind relate, will or may cause injury to any person as a result of such services being supplied;

the inspector may, for the purposes of ascertaining the matter referred to in paragraph (a) or (b):

(c) enter any premises in or from which the inspector has reason to believe that a person supplies product related services of that kind in trade or commerce; and

(d) exercise search‑related powers in relation to the premises.

Limitation on entry

(3) However, the inspector is not entitled to enter premises under subsection (1) or (2) unless:

(a) the occupier of the premises has consented to the entry and the inspector has shown his or her identity card if required by the occupier; or

(b) the entry is made under a search warrant; or

(c) the entry is made in circumstances in which the exercise of search‑related powers is required without delay in order to protect life or public safety.

Note: For requirements relating to the occupier’s consent, see section 135H.