NSWIn ForceAct
Fair Trading Act 1987
19APowers of search and seizure under search warrant
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#### 19A Powers of search and seizure under search warrant
19A Powers of search and seizure under search warrant
> > (1) In this section—
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> > authorised officer has the same meaning as in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103).
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> > (2) An investigator may apply to an authorised officer for the issue of a search warrant if the investigator believes on reasonable grounds that—
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> > > (a) there is evidence of a contravention of a provision of this Act on any place or land, or
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> > > (a1) there is evidence relating to the inclusion of an unfair term in a consumer contract or small business contract that is a standard form contract (as referred to in Part 2-3 of the ACL), or
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> > > (b) there are consumer goods of a particular kind being supplied in trade or commerce in or from any place or land that will or may cause injury to any person or a reasonably foreseeable use (or misuse) of which will or may cause injury to any person, or
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> > > (c) there are product related services of a particular kind being supplied in trade or commerce in or from any place or land and, as a result of those services being supplied—
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> > > > (i) any consumer goods will or may cause injury to any person, or
> > >
> > > > (ii) a reasonably foreseeable use (including misuse) of any consumer goods will or may cause injury to any person.
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> > (3) An authorised officer to whom such an application is made may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any investigator—
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> > > (a) to enter the place or land specified in the warrant, and
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> > > (b) to search for evidence of any of the matters referred to in subsection (2), and
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> > > (c) to exercise the powers of an investigator under subsection (4).
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> > (4) An investigator executing a search warrant issued under this section may—
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> > > (a) examine anything (whether or not specified in the warrant) that the investigator believes on reasonable grounds may provide evidence of any of the matters referred to in subsection (2), and
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> > > (b) seize anything (whether or not specified in the warrant) that the investigator believes on reasonable grounds is connected with any of the matters referred to in subsection (2).
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> > (5) The power to seize anything that is connected with a matter referred to in subsection (2) includes a power to seize anything that will provide evidence of that matter.
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> > (6) An investigator who seizes any consumer goods, or equipment used in the manufacturing, processing or storage of consumer goods, under this section must provide a receipt for the goods or equipment.
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> > (7) Division 4 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to a search warrant issued under this section.
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> > (8) Nothing in this section limits any of the other functions that may be exercised by an investigator under this Part.
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> **s 19A:** Ins 2004 No 21, Sch 1 \[3\]. Am 2002 No 103, Sch 4.33A \[1\]–\[3\] (ins 2004 No 21, Sch 2.1 \[2\]); 2006 No 62, Sch 1 \[2\]. Subst 2010 No 107, Sch 1 \[16\]. Am 2018 No 43, Sch 2.1 \[7\] \[8\].