Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 75AZT

             (1)  If:

                     (a)  a corporation, in trade or commerce, supplies goods; and

                     (b)  the goods are intended to be used, or are of a kind likely to be used, by a consumer; and

                     (c)  the goods are of a kind in respect of which a consumer product information standard has been prescribed by regulations made for the purpose of subsection 65D(2);

the corporation is guilty of an offence punishable on conviction by a fine not exceeding 10,000 penalty units.

Note 1:       The penalty specified in subsection (1) is the maximum penalty that may be imposed on a corporation: subsection 4B(3) of the Crimes Act 1914 does not apply.

Note 2:       For the application of the offence in subsection (1) to a person other than a corporation (and the corresponding penalty), see section 6.

Note 3:       For the purposes of this section, subsection 65E(2) treats a consumer product information standard identified in a notice published by the Minister as a consumer product information standard prescribed by regulations made for the purpose of subsection 65D(2).

             (2)  Subsection (1) does not apply if the corporation has complied with the standard in relation to the goods.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

             (3)  Subsection (1) 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 .

             (4)  Subsection (1) does not apply to goods that are intended to be used outside Australia.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code ).

             (5)  If there is applied to goods:

                     (a)  a statement that the goods are for export only; or

                     (b)  a statement indicating by the use of words authorised by the regulations to be used for the purposes of this subsection that the goods are intended to be used outside Australia;

it must be presumed for the purposes of this section, unless the contrary is established, that the goods are intended to be so used.

             (6)  For the purposes of subsection (4), a statement is taken to be applied to goods if:

                     (a)  the statement is woven in, impressed on, worked into or annexed or affixed to the goods; or

                     (b)  the statement is applied to a covering, label, reel or thing in or with which the goods are supplied.

             (7)  A reference in subsection (6) to a covering includes a reference to a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper and a reference in that subsection to a label includes a reference to a band or ticket.