New South Wales Consolidated Acts

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ELECTRICITY (CONSUMER SAFETY) ACT 2004 - SECT 27

Prohibition of the sale of certain electrical articles and the labelling of such articles

27 Prohibition of the sale of certain electrical articles and the labelling of such articles

(cf 1946 No 13, s 21F (3), (4), (5) and (7))

(1) An authorised officer may, if the officer believes on reasonable grounds that an electrical article or more than one electrical article of a particular model is, or is likely to become, unsafe:
(a) by written notice served on the person having the custody, control or possession of the electrical article or of electrical articles of that model, prohibit the sale by that person of the electrical article or of all electrical articles of that model, and
(b) affix in some conspicuous position on the electrical article or each of the electrical articles (as the case may be) or on any container or package that contains such an article, a label indicating that the electrical article is to be considered dangerous and must not be sold or used until specified repairs necessary to make the electrical article safe to use have been effected by the person having the custody, possession or control of the electrical article.
(2) A notice issued under this section ceases to have effect after the expiration of 2 weeks from the date on which it is issued unless within that period the Director-General has:
(a) confirmed or varied the terms of the notice under this section, or
(b) revoked the notice under this section.
(3) For the purposes of subsection (2), the Director-General may, at any time, by a further written notice served on the person to whom a notice under subsection (1) was originally issued, confirm or vary the terms of, or revoke, the original notice.
(4) A person must not:
(a) sell an electrical article in contravention of a notice in force under this section, or
(b) remove or alter a label affixed to an electrical article or a container or package under this section unless directed to do so by an authorised officer.
Maximum penalty (subsection (4)):
(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.



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