New South Wales Consolidated Acts

ELECTRICITY (CONSUMER SAFETY) ACT 2004 - SECT 22

22 Requiring action to be taken by seller of unsafe electrical articles

(cf 1946 No 13, s 21E (3) and (5))

(1) The Director-General may, by written notice served on any person (the "seller") whose business is or includes the sale of electrical articles and who has sold an electrical article or electrical articles of a particular model, require the seller to take such action within such time as is specified in the notice if the Director-General believes on reasonable grounds that:

(a) the electrical article or model of electrical article is, or is likely to become, by reason of its design or construction, unsafe to use, and

(b) specific action is necessary to make the electrical article or electrical articles of that model safe to use or to render safe the use of that article or those articles.

(2) Action that may be specified for the purposes of a notice under subsection (1) may consist of or include:

(a) sending a written request to a person to whom the electrical article or any other electrical article of the same model was sold by the seller to return the article to the place at which the article was sold, and

(b) making the electrical article safe to use or rendering safe the use of that article, in the manner specified in the notice.

(3) If a seller is required to take action in a notice issued under this section, the Director-General or the Minister may (whether or not on application of the seller), alter the requirements of the notice or revoke the notice by further written notice served on the seller.