Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 36

36. Section 62 of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-section:-

''(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; or

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

   (b)  by omitting sub-section (2A) and substituting the following
        sub-sections:-

''(2AA) Sub-section (1) does not apply to goods that are intended to be used
outside Australia.

''(2A) 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 authorized by the
        regulations to be used for the purposes of this sub-section that the
        goods are intended to be used outside Australia,

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

   (c)  by inserting after sub-section (2C) the following sub-sections:-

''(2D) Where it appears to the Minister that goods of a particular kind will
or may cause injury to persons using the goods, he may, by notice under his
hand published in the Gazette, declare the goods to be unsafe goods.

''(2E) A notice under sub-section (2D) has effect until the expiration of 18
months after the date of publication of the notice in the Gazette unless it is
revoked before the expiration of that period.''; and

   (d)  by adding at the end thereof the following sub-section:-

''(4) 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; and

   (b)  a person suffers loss or damage by reason of a defect in the goods or
        by reason of his 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.''.