New South Wales Consolidated Acts

ELECTRICITY (CONSUMER SAFETY) ACT 2004 - SECT 16

16 Electrical articles must meet certain standards before they can be sold

(cf 1946 No 13, ss 21A and 21DA)

(1) A person must not sell an electrical article if:

(a) in the case of a declared electrical article-the article is not of:

(i) a model of electrical article that has a model approval, or

(ii) a class, description or model that has been approved or registered by the relevant authority for another State or a Territory, or

(iii) a model of electrical article that has been approved or certified under a recognised external approval scheme (being an approval or certification that is evidenced by marking on the article), or

(b) the article is not marked in accordance with the regulations, or

(c) the article does not comply with any one or more of the following:

(i) the class specifications (if any) for the article,

(ii) the model specifications (if any) for the article,

(iii) any other specifications prescribed by the regulations (if any) for the article,

(iv) any other requirements prescribed by the regulations (if any) for the article.

Maximum penalty:

(a) in the case of a second or subsequent offence by a corporation-7,500 penalty units, or

(b) in the case of a first offence by a corporation-5,000 penalty units, or

(c) in the case of a second or subsequent offence by an individual-750 penalty units or imprisonment for 2 years, or both, or

(d) in the case of a first offence by an individual-500 penalty units.

(2) The Director-General may, by order in writing and subject to such conditions, if any, as are specified in the order, exempt a person or persons of a specified class from the operation of any or all of the provisions of subsection (1).