Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 65R

             (1)  Where a corporation voluntarily takes action to recall goods because the goods will or may cause injury to any person, the corporation shall, within 2 days after taking that action, give a notice in writing to the Minister:

                     (a)  stating that the goods are subject to recall; and

                     (b)  setting out the nature of the defect in, or dangerous characteristic of, the goods.

             (2)  A person who contravenes subsection (1) is guilty of an offence punishable on conviction by a fine not exceeding 30 penalty units.

Note:          Penalty units are defined in section 4AA of the Crimes Act 1914 . If a body corporate is convicted of the offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount not greater than 5 times the maximum fine that the court could impose on an individual convicted of the same offence.

             (4)  For the purposes of this section, goods includes things that were goods at the time they were supplied but became fixtures after the supply.

             (3)  Subsection (2) is an offence of strict liability.

Note 1:       Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2:       For strict liability , see section 6.1 of the Criminal Code .