Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 65C

             (1)  A corporation shall not, in trade or commerce, supply goods that are intended to be used, or are of a kind likely to be used, by a consumer if the goods are of a kind:

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

                     (b)  in respect of which there is in force a notice under this section declaring the goods to be unsafe goods; or

                     (c)  in respect of which there is in force a notice under this section imposing a permanent ban on the goods.

             (2)  The regulations may, in respect of goods of a particular kind, prescribe a consumer product safety standard consisting of such requirements as to:

                     (a)  performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods;

                     (b)  testing of the goods during, or after the completion of, manufacture or processing; and

                     (c)  the form and content of markings, warnings or instructions to accompany the goods;

as are reasonably necessary to prevent or reduce risk of injury to any person.

             (3)  A corporation shall not export goods the supply in Australia of which is prohibited by subsection (1) unless the Minister has, by notice in writing given to the corporation, approved the export of those goods.

             (4)  Where the Minister approves the export of goods under subsection (3), the Minister shall cause a statement setting out particulars of the approval to be laid before each House of the Parliament within 7 sitting days of that House after the approval is given.

             (5)  Subject to section 65J, where it appears to the Minister that goods of a particular kind will or may cause injury to any person, the Minister may, by notice in writing published in the Gazette , declare the goods to be unsafe goods.

             (6)  A notice under subsection (5) remains in force until the end of 18 months after the date of publication of the notice in the Gazette unless it is revoked before the end of that period.

             (7)  Subject to section 65J, where:

                     (a)  a period of 18 months has elapsed after the date of publication of a notice in the Gazette declaring goods to be unsafe goods; and

                     (b)  there is not a prescribed consumer product safety standard in respect of the goods;

the Minister may, by notice in writing published in the Gazette , impose a permanent ban on the goods.

             (8)  Where:

                     (a)  the supplying of goods by a corporation constitutes a contravention of this section by reason that the goods do not comply with a prescribed consumer product safety standard;

                     (b)  a person suffers loss or damage by reason of a defect in, or a dangerous characteristic of, the goods or by reason of not having particular information in relation to the goods; and

                     (c)  the person would not have suffered the loss or damage if the goods had complied with that standard;

the person shall be deemed for the purposes of this Act to have suffered the loss or damage by the supplying of the goods.

             (9)  Where:

                     (a)  the supplying of goods by a corporation constitutes a contravention of this section by reason that there is in force a notice under this section declaring the goods to be unsafe goods or imposing a permanent ban on the goods; and

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

the person shall be deemed for the purposes of this Act to have suffered the loss or damage by the supplying of the goods.