Australian Capital Territory Consolidated Acts

FAIR TRADING (CONSUMER AFFAIRS) ACT 1973 - SECT 30

    (1)     Subject to this section, a person shall not supply goods that are intended to be used, or are of a kind likely to be used, by a consumer if—

        (a)     there is a prescribed consumer product safety standard in respect of the goods and the goods do not comply with that standard; or

        (b)     the supplying of the goods contravenes an order under section 26, 27 or 29; or

        (c)     there is a consumer product information standard applicable to the goods and the goods do not comply with that standard.

Maximum penalty: 200 penalty units.

    (2)     Subsection (1) (a) does not apply to, or in relation to, the supply of goods—

        (a)     for the value of the material of which the goods are composed and not for the use of the goods as finished articles; or

        (b)     as damaged goods to—

              (i)     a person who carries on the business of repairing damaged goods for the purpose of reselling those goods; or

              (ii)     a person by whom those goods were insured against damage.

    (3)     It is a defence to a prosecution for an offence against subsection (1) (a) that the defendant believed on reasonable grounds at the time he or she supplied the goods that they complied with the prescribed consumer product safety standard or prescribed consumer product information standard.

    (4)     If—

        (a)     the supplying of goods by a person constitutes a contravention of subsection (1) by reason that the goods do not comply with a prescribed product safety standard or prescribed consumer product information standard; and

        (b)     a person suffers loss or damage by reason that the goods do not comply with that standard or by reason of his or her not having particular information in relation to the goods; and

        (c)     the person referred to in paragraph (b) would not have suffered the loss or damage if the good had complied with that standard;

the person referred to in paragraph (b) is taken, for this part, to have suffered the loss or damage by the supplying of the goods.

    (5)     If—

        (a)     the supplying of goods by a person constitutes a contravention of subsection (1) by reason that the supplying contravenes an order under section 26, 27 or 29; and

        (b)     a person suffers loss or damage, being loss or damage caused by the goods or a defect in the goods or a dangerous characteristic of the goods or by reason of his or her not having particular information as to a characteristic of the goods;

the person referred to in paragraph (b) is taken, for this part, to have suffered the loss or damage by the supplying of the goods.