Fair trading inspectors
Office of Fair Trading (OFT) inspectors have legal authority to investigate alleged breaches of fair trading laws by businesses and licensees.
OFT inspectors can:
- investigate claims and complaints
- do spot checks
- take enforcement action in the event of a breach.
Inspectors must show you their identification (ID) as soon as they arrive. Their ID card will always include their photo and signature.
Inspectors' powers
An inspector can enter a place if:
- it's an open, public place
- they have the owner's permission
- the Magistrates Court has issued them a warrant.
Once inside, they can:
- search the premises
- seize possessions
- take copies of documents
- take other people or equipment into the area.
You must follow any lawful direction of an inspector, including giving them:
- your name and address
- any information they ask for about the matter they're investigating
- copies of any documents they ask for.
Inspectors also have the power to stop or move a vehicle if they reasonably suspect it contains evidence of an offence.
Breaches
You may face penalties if an inspector finds you have:
- been involved in unlicensed or other illegal activity
- obstructed their investigation
- disobeyed a lawful direction they gave you.
These offences relate to non-compliance with inspectors. The fines are for individuals—corporations could face up to 5 times the maximum penalty.
| Offence | Maximum penalty |
|---|---|
| Obstructing an inspector from exercising a power | $33,380 or up to 1 year imprisonment |
| Failure to give your name and address to an inspector | $8,345 or up to 1 year imprisonment |