NTIn ForceAct
Consumer Affairs and Fair Trading Act 1990
21Powers exercisable after entry
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21 Powers exercisable after entry
(1) The powers exercisable by an authorised officer who has entered a
place under or by virtue of section 20 are those specified in
subsections (2), (3) and (4) so far as applicable to that place.
Consumer Affairs and Fair Trading Act 1990 19
(2) In the case of a place falling within section 20(1)(a)(i) or (d), the
authorised officer may:
(a) inspect any goods, or partly manufactured or assembled
goods, and make such other inspections, and such searches,
as the officer considers necessary; and
(b) weigh, or otherwise measure, any goods; and
(c) open any room, container or package which the officer
believes on reasonable grounds to contain goods; and
(d) seize without payment, and detain, any goods which the
officer believes on reasonable grounds are intended for
supply, or have been supplied, in circumstances constituting
an offence against section 197(1) of the Australian Consumer
Law (NT); and
(e) take (otherwise than by way of seizure under paragraph (d))
any goods, or partly manufactured or assembled goods, for
which the officer undertakes on behalf of the Commissioner
that a fair price will be paid; and
(f) take a sample of anything from which goods are manufactured
or produced in that place.
(3) In the case of a place falling within section 20(1)(b), the authorised
officer may inspect any motor vehicle there which is offered or
displayed for sale, or which the authorised officer believes on
reasonable grounds may be there for the purposes of sale.
(4) In the case of any of the places referred to in section 20(1), the
authorised officer may:
(a) ask questions of any person found there; and
(b) require the production of documents; and
(ba) require the production of passwords for the purposes of
gaining access to computers or other electronic devices or
documents; and
(c) inspect and require explanations of any document; and
(d) take copies of or extracts from any document or, if in the
officer's opinion it is not appropriate for copies or extracts to
be taken at the place, remove a document for a reasonable
time to enable copies or extracts to be taken.
Consumer Affairs and Fair Trading Act 1990 20
(5) If an authorised officer seizes goods under subsection (2)(d) and:
(a) proceedings for an offence against section 197(1), (2), (3)
or (5) of the Australian Consumer Law (NT) in connection with
the goods are not instituted within 6 months after their seizure;
or
(b) proceedings for such an offence are instituted within that
period but the defendant is not on the determination of those
proceedings (whether or not within that period) found guilty of
an offence;
the person from whom the goods were seized is, on application to
the Commissioner, entitled to their return.
(6) If an application for the return of goods is not made within 3 months
after the entitlement to their return arises, the Commissioner may
dispose of the goods as the Commissioner thinks fit.
(7) If, in proceedings for an offence against section 197(1), (2), (3)
or (5) of the Australian Consumer Law (NT), the court finds the
offence proved, and to have concerned goods seized under
subsection (2)(d), the court may order that the goods be forfeited to
the Territory.