Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

TRADE PRACTICES ACT 1974 - SECT 75AZU

Compliance with product recall notice

             (1)  If a notice under subsection 65F(1) is in force in relation to a corporation, the corporation must not contravene a requirement or direction in the notice.

Penalty:  10,000 penalty units.

Note 1:       The penalty specified above 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 this offence to a person other than a corporation (and the corresponding penalty), see section 6.

             (2)  If a notice under subsection 65F(1) is in force in relation to a corporation, the corporation must not, in trade or commerce:

                     (a)  if the notice identifies a defect in, or a dangerous characteristic of, the goods--supply goods of the kind to which the notice relates which contain the defect or have that characteristic; or

                     (b)  in any other case--supply goods of the kind to which the notice relates.

Penalty:  10,000 penalty units.

Note 1:       The penalty specified above 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 this offence to a person other than a corporation (and the corresponding penalty), see section 6.

             (3)  Subsections (1) and (2) are offences 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 .


 

   



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]