Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to the
provisions of this section, a person shall not supply any goods in respect of
which or a component part of which any requirements of regulations made under
section 23U are in force unless all requirements of the regulations
relating to the goods or component part are complied with.
(2) Subject to the
provisions of subsection (3), a person shall not supply a component part
in respect of which no requirements have been prescribed under
section 23U but which is intended for, but not embodied in, any goods in
respect of which any such requirements are in force, unless, if the component
part were embodied in the goods, any requirement of the regulations, so far as
the requirement relates to that part of the goods, applicable to the goods
would be complied with.
(3) The provisions of
this section shall not apply to a person —
(a)
where he is supplying the goods or component parts as scrap, that is to say,
for the value of the materials of which the goods or parts are composed and
not for use as finished articles; or
(b) in
the case of goods or component parts which have been damaged by whatever
cause, where he supplies the goods or component parts to a person who carries
on a business of buying damaged goods and repairing or reconditioning them for
resale, or to a person by whom the goods or parts were insured against damage;
(c) in a
case of letting on hire, where the letting is incidental to the letting of
premises;
(d) in a
case of possession for the purpose of letting on hire, where possession is for
the purpose of a letting which is to be incidental to the letting of premises;
(e) in
any case of letting, where the letting was lawful at the time when it began.
(4) Unless regulations
under section 23U otherwise provide, subsections (1) and (2) shall
not, in respect of any requirement relating to the manufacture of goods or a
component part of goods, apply in relation to goods or component parts
manufactured in or imported into the State before the imposition of the
requirement, or if it is so provided by such regulations shall not apply in
relation to any such goods or component parts until a prescribed date.
(5) Regulations under
section 23U may contain such other exemptions from the operation of
subsections (1) and (2), applicable in such cases, as may be prescribed.
[Section 23V inserted by No. 90 of 1978
s. 7.]