23DEmbargo notices

#### 23D Embargo notices 23D Embargo notices > > (1) An investigator may give an embargo notice in relation to consumer goods to an occupier of premises if the investigator has reasonable grounds to believe that— > > > > > (a) the consumer goods are being manufactured, prepared, stored on or supplied from the premises in trade or commerce and the consumer goods— > > > > > > > (i) do not comply with a safety standard (within the meaning of section 2 (1) of the ACL), or > > > > > > > (ii) are the subject of an interim or permanent ban, or > > > > > > > (iii) are the subject of a recall notice, or > > > > > > > (iv) are or are likely to become unsafe, and > > > > > (b) it is not practicable to seize and remove the consumer goods or equipment used in the manufacturing, processing, storage or supply of the consumer goods. > > > (1A) An investigator may give an embargo notice in relation to product related services to an occupier of premises if the investigator reasonably believes that— > > > > > (a) product related services are being supplied from the premises in trade or commerce, and > > > > > (b) the product related services are unsafe, and > > > > > (c) it is not practicable to seize and remove equipment used in connection with the supply of those unsafe product related services. > > > (2) An embargo notice may do any one or more of the following— > > > > > (a) require that specified consumer goods must not be— > > > > > > > (i) supplied in or from the premises, or > > > > > > > (ii) transferred, moved, altered, destroyed or otherwise interfered with, > > > > > > during the period specified in the notice, > > > > > (b) require that specified equipment— > > > > > > > (i) used in the manufacturing, processing or storage of specified consumer goods, or > > > > > > > (ii) used in connection with the supply of specified product related services, > > > > > > must not be transferred, moved, altered, destroyed or otherwise interfered with during the period specified in the notice, > > > > > (c) require that specified product related services must not be supplied in or from the premises during the period specified in the notice. > > > (3) An embargo notice must— > > > > > (a) be in writing, and > > > > > (b) explain the effect of section 23G. > > > (4) The investigator may give an embargo notice to the occupier of the premises— > > > > > (a) by causing a copy of the notice to be served on the occupier, or > > > > > (b) if the occupier cannot be located after reasonable steps have been taken to do so, by causing a copy of the notice— > > > > > > > (i) to be served on a person on the premises who is reasonably believed to be in regular contact with the occupier, or > > > > > > > (ii) to be affixed to the premises, or to a thing on the premises, in a prominent position. > > > (5) Despite anything in any other law, a contract for a supply of consumer goods or product related services that is prohibited by an embargo notice is void. > > > (6) If consumer goods are supplied in contravention of an embargo notice— > > > > > (a) the supplier must immediately return or refund to the person who acquired the goods any consideration (or the value of any consideration) that that person gave— > > > > > > > (i) under an agreement for the supply, or > > > > > > > (ii) under a related contract or instrument, and > > > > > (b) if the goods have been removed from the premises in which they were subject to the embargo notice, the person who acquired the goods must— > > > > > > > (i) return the goods to the premises, or > > > > > > > (ii) notify the supplier of the place where the supplier may collect the goods, and > > > > > (c) if paragraph (b) (ii) applies, the supplier must collect the goods from the place notified to the supplier and return them to the premises. > > **s 23D:** Ins 2000 No 5, Sch 1 \[3\]. Am 2003 No 35, Sch 1 \[10\]. Subst 2010 No 107, Sch 1 \[20\]. Am 2018 No 43, Sch 2.1 \[15\].