What are the current enforcement powers of the ACCC?
Section 155(2) of the Act currently empowers an ACCC Commissioner to authorise a member of staff to enter premises, inspect documents in the possession of a person, and make copies or take extracts from those documents without the need of a warrant. This power may be exercised only for the purpose of establishing whether a person has in the past, or is currently, engaging in prohibited conduct. It is an offence to obstruct or hinder an inspection. What are the proposed search and seizure powers of the ACCC? Under the proposed amendments, the ACCC will be required to obtain either the voluntary consent of the occupier, or a warrant from a magistrate, before entering and searching any premises. In that respect the amendments will restrict the power of the ACCC because it will be required to obtain a warrant in order to enter premises without the occupier’s consent. However, under the new regime the ACCC is given greater powers once a warrant has been granted. The amendments extend the AC
