New South Wales Consolidated Acts

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ELECTRICITY (CONSUMER SAFETY) ACT 2004 - SECT 17

Acquisition guarantor and guarantees

17 Acquisition guarantor and guarantees

(cf 1946 No 13, s 21D (2))

(1) An "acquisition guarantor" is a person who gives an acquisition guarantee.
(2) A guarantee is an "acquisition guarantee" in respect of an electrical article for the purposes of the prosecution of an offence only if:
(a) the guarantee is in writing, and
(b) the matters guaranteed are that, when the guarantee is given:
(i) if the electrical article is a declared electrical article-the model of the article has a model approval or has been approved or certified under a recognised external approval scheme or the article is of a class, description or model approved or registered by a relevant authority for another State or a Territory, and
(ii) the electrical article complies with the class specifications (if any), the model specifications (if any) and any other specifications or requirements (if any) for the article prescribed by the regulations, and
(iii) the electrical article is marked as prescribed by the regulations, and
(c) the guarantor is:
(i) an individual who resides in Australia, or
(ii) a corporation that has a place of business within Australia, and
(d) the guarantee specifies the name of the guarantor and:
(i) in the case of a guarantor who is an individual and who resides within Australia-the address of the guarantor and of the place of business of the guarantor, or
(ii) in the case of a guarantor that is a corporation-an address of a place of business of the guarantor within Australia, and
(e) the guarantee applies:
(i) generally to electrical articles of the particular model to which the prosecution relates, or
(ii) to the specific electrical article to which the prosecution relates and refers to a sale note, bill of sale, invoice, bill of lading or other document describing the electrical article sold and the marking on it, and
(f) the guarantee complies with any other requirements prescribed by the regulations.



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