Section 135R — Competition and Consumer Act 2010 (Cth)

(1) If:

(a) an inspector seizes consumer goods, or equipment used to supply product‑related services, under a search warrant; and

(b) apart from this section, the inspector is required to return the consumer goods or equipment to a person; and

(c) either:

(i) the inspector cannot, despite making reasonable efforts, locate the person; or

(ii) the person has refused to take possession of the consumer goods or equipment;

a court may, on the application of the inspector, make an order authorising the inspector to destroy or otherwise dispose of the consumer goods or equipment.

(2) If subparagraph (1)(c)(ii) applies, the inspector must, before making an application under subsection (1), inform the person referred to in that subparagraph that the inspector proposes to make an application under that subsection.

(3) If:

(a) an order is made under subsection (1); and

(b) subparagraph (1)(c)(ii) applies;

the person referred to in that subparagraph is liable to pay an amount equal to the costs reasonably incurred by the inspector in destroying or disposing of the consumer goods or equipment.

(4) An amount payable by a person under subsection (3):

(a) is a debt due by the person to the Commonwealth; and

(b) may be recovered by action in a court of competent jurisdiction.

Related sections

• s 135N — Return of seized consumer goods and equipment
• s 135P — Judge may permit consumer goods or equipment to be retained
• s 135Q — Recovery of reasonable costs of seizing consumer goods or equipment
• s 135S — Embargo notices
• s 135T — Embargo period for embargo notices
• s 135U — Multiple embargo notices for the same consumer goods or product related services

Research how courts apply s 135R

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