Western Australian Consolidated Acts

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CONSUMER AFFAIRS ACT 1971 - SECT 23W

23W .         Breach of duty actionable

        (1)         Any obligation imposed by or under section 23V on any person not to supply any goods or component part is a duty which is owed by him to any other person who may be affected by the contravention of or non-compliance with the requirement in question, and, subject to the defences and other incidents applying to actions for breach of statutory duty, a breach of that duty is actionable.

        (2)         Any person who contravenes section 23V commits an offence against this Act.

        Penalty: $5 000.

        (3)         It shall be a sufficient defence to a prosecution for an offence under this section by reason of a contravention of or failure to comply with any requirement imposed under section 23V in relation to the goods or component part in question if the person charged proves that he had reasonable cause to believe that all such requirements were satisfied.

        [Section 23W inserted by No. 90 of 1978 s. 7.]

        [Heading inserted by No. 90 of 1978 s. 7.]



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