Western Australian Consolidated Acts Western Australian Consolidated Acts (1)(a) The Director
may by notice published in the Gazette prescribe any class or type of
electrical appliance which shall not after a date specified in the notice be
sold, hired or exposed for sale or hire or advertised for sale or hire, unless
the electrical appliance of that class or type is approved by the Director and
is stamped or labelled if and as prescribed in the regulations.
(b) An
application to the Director for approval under the provisions of
paragraph (a) shall be in the prescribed form, and shall, unless exempted
by the Director, be accompanied by a test report from a testing laboratory
approved by him or her.
(2) A person who,
after the date so specified sells, hires or exposes for sale or hire or
advertised for sale or hire or causes to be sold or hired or exposed for sale
or hire or advertised for sale or hire an electrical appliance of the class or
type prescribed commits an offence unless the electrical appliance is approved
by the Director and is stamped as prescribed or is approved by the Director
and labelled as prescribed.
(3) For the purposes
of this section the approval of the Director may be signified by approval of
samples or specifications of an electrical appliance or by such other means as
the Director thinks proper.
(4) Subject to this
section the Director may withdraw at any time and from time to time an
approval given under this section.
(5)(a) The Director
shall as soon as practicable determine whether the application in respect of
the electrical appliance is —
(i)
approved;
(ii)
not approved; or
(iii)
deferred.
(b) The
Director may approve the electrical appliance, without an examination or test
of the electrical appliance, where —
(i)
the appliance has been approved by a duly constituted
authority in another State of the Commonwealth, in which case the approval may
take the form of the approval of that authority; or
(ii)
the appliance has been approved by a person recognized by
the Director as a competent authority for that purpose and carries a mark
recognized by the Director for that purpose.
(c) The
recognition of a person by the Director as a competent authority for the
purposes of paragraph (b) does not have any effect in relation to the
approval or marking of an electrical appliance if the person may have a
financial interest in the manufacture, sale or hire of that appliance.
(d) The
Director may, by notice published in the Gazette , specify the persons and the
marks which are recognized by the Director for the purposes of
paragraph (b).
(6) The Governor on
the recommendation of the Director may make regulations for or with respect
to —
(a) the
examination, testing and approval and the deferring and withdrawal of approval
and the stamping and labelling of electrical appliances to which this Act
applies; and for regulating and controlling the use of the stamps and labels
under this Act;
(b) the
fees to be charged under this Part, including fees to be charged for the
examination and approval of the electrical appliances;
(c)
prohibiting the fraudulent or improper use of marks similar to those used by
the Director or of marks so nearly resembling those used by the Director as to
be likely to deceive;
(d)
prescribing penalties not exceeding in the case of an individual,
$50 000, and in the case of a body corporate, $250 000, for a breach
of the regulations; and
(e)
prescribing any matters or things required to be prescribed for the purposes
of this Part or necessary or expedient to be prescribed for carrying the
purposes of this Part into effect.
[Section 33B inserted by No. 72 of 1953
s. 4; amended by No. 113 of 1965 s. 8; No. 86 of 1979
s. 9; No. 89 of 1994 s. 77, 80 and 83; No. 63 of 1996
s. 4 and 12; No. 5 of 2007 s. 6.]