Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person shall
not, in trade or commerce, supply goods —
(a) that
are intended to be used, or are of a kind likely to be used, by a consumer;
and
(b) in
relation to which there is a product safety standard,
unless the goods
comply with the standard or subsection (4) applies.
(2) Subject to
subsection (4), a person shall not supply a component part in respect of
which no requirements have been prescribed under section 50 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) Subject to
subsection (4), where —
(a) a
person supplies goods in contravention of subsection (1) or
subsection (2); and
(b)
another person suffers loss or damage because of a defect in, or a dangerous
characteristic of, the goods, or by not having particular information in
relation to the goods, but would not have suffered it if the goods had
complied with the product safety standard,
the person who suffers
the loss or damage shall be deemed, for the purposes of this Act, to have
suffered it by the supplying of the goods.
(4) 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.