Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_133d
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 133D
Character Range: 435800–438051

133D  Power to obtain information etc.

Consumer goods

 (1) The Commonwealth Minister or an inspector may give a disclosure notice to a person (the supplier) who, in trade or commerce, supplies consumer goods of a particular kind if the person giving the notice has reason to believe:
 (a) that:
 (i) consumer goods of that kind will or may cause injury to any person; or
 (ii) a reasonably foreseeable use (including a misuse) of consumer goods of that kind will or may cause injury to any person; and
 (b) that the supplier is capable of giving information, producing documents or giving evidence in relation to those consumer goods.

Product related services

 (2) The Commonwealth Minister or an inspector may give a disclosure notice to a person (the supplier) who, in trade or commerce, supplies product related services of a particular kind if the person giving the notice has reason to believe:
 (a) that:
 (i) as a result of services of that kind being supplied, consumer goods of a particular kind will or may cause injury to any person; or
 (ii) a reasonably foreseeable use (including a misuse) of consumer goods of a particular kind, to which such services relate, will or may cause injury to any person as a result of such services being supplied; and
 (b) that the supplier is capable of giving information, producing documents or giving evidence in relation to those services.

Disclosure notice

 (3) A disclosure notice is a written notice requiring the supplier:
 (a) to give, in writing signed by the supplier, any such information to the person specified in the notice:
 (i) in the manner specified in the notice; and
 (ii) within such reasonable time as is specified in the notice; or
 (b) to produce, in accordance with such reasonable requirements as are specified in the notice, any such documents to the person specified in the notice; or
 (c) to appear before the person specified in the notice at such reasonable time, and at such place, as is specified in the notice:
 (i) to give any such evidence, on oath or affirmation; and
 (ii) to produce any such documents.

 (4) The person specified in the notice may be:
 (a) the Commonwealth Minister; or
 (b) an inspector (whether or not that inspector gave the notice).