Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this
section —
defect , in relation to goods, includes a
dangerous characteristic of the goods;
defective goods means goods
that —
(a) do
not comply with a product safety standard for the goods;
(b) are
the subject of a question referred to the Consumer Products Safety Committee
or are proposed by the Minister or the Commissioner to be the subject of such
a question;
(c) are
the subject of a report of the Consumer Products Safety Committee on a
question referred to it; or
(d) are
the subject of a banning order.
(2) Subject to
section 55, the Commissioner may, by order published in the Gazette ,
require a supplier of defective goods to do any one or more of the
following —
(a)
recall the goods in the manner, and within the period, specified in the order;
(b)
disclose to the public, or to a class of persons specified in the order, in
the manner and within the period so specified, one or more of the
following —
(i)
the nature of any defect in the goods identified in the
order;
(ii)
the circumstances, being circumstances identified in the
order, in which the use of the goods is dangerous; or
(iii)
procedures for disposing of the goods;
(c)
notify the public, or a class of persons so specified, in the manner and
within the period specified in the order, that the supplier undertakes to do
whichever of the following the supplier thinks is
appropriate —
(i)
except where the order identifies a dangerous
characteristic of the goods — repair the goods;
(ii)
replace the goods;
(iii)
refund to a person to whom the goods were supplied
(whether by the supplier of by another person) the price of the goods,
within the period
specified in the order.
(3) If an order so
provides, where —
(a) the
supplier undertakes to refund the price of the goods; and
(b) a
period of more than 12 months has elapsed since a person (whether or not
the person to whom the refund is to be made) acquired the goods from the
supplier,
the amount of the
refund may be reduced by an amount that is attributable to the use which a
person has had of the goods and is calculated as specified in the order.
(4) An order made
under this section may give directions as to the manner in which the
supplier is to carry out a recall of goods required under subsection (2).
(5) If a supplier
undertakes to repair goods, the supplier shall cause the goods to be repaired
so that —
(a) any
defect in the goods identified in the order is remedied; and
(b) if
there is a product safety standard for goods of that
kind — the goods comply with the standard.
(6) If a supplier
undertakes to replace goods, the supplier shall replace the goods with like
goods which —
(a) if a
defect in the goods to be replaced was identified in the
order — do not contain that defect; and
(b) if
there is a product safety standard for goods of that
kind — comply with that standard.
(7) If a supplier
undertakes to repair goods or replace goods, the cost of the repair or
replacement, including any necessary transportation costs, shall be borne by
the supplier.
(8) While an order
made under subsection (2) is in force, a supplier of goods to which the
order relates shall not —
(a) fail
to comply with a requirement of, or a direction in, the order;
(b)
where the order identifies a defect in the goods — supply
goods of the kind to which the order relates and which contain that defect;
(c) in a
case other than a case referred to in
paragraph (b) — supply goods of the kind to which the
order relates;
(d) fail
to carry out an undertaking notified by the supplier under
subsection (2); or
(e)
having given such an undertaking to repair or replace
goods — fail to comply with subsection (5), (6) or (7),
where applicable.
(9) Where goods are
recalled, whether voluntarily or in accordance with an order of the
Commissioner under subsection (2), a person who has supplied or supplies
any of the recalled goods to another person outside Western Australia shall,
as soon as practicable after the supply of those goods, give a notice in
writing to that other person —
(a)
stating that the goods are subject to recall;
(b) if
the goods have a defect — stating the nature of the defect;
and
(c) if
the goods do not comply with a product safety standard for the
goods — setting out the nature of the non-compliance.
Penalty: $10 000 in the case of a corporation
or $5 000 in any other case.
(10) A supplier who
voluntarily takes action to recall goods shall, not later than 2 days
after that action is taken, give to the Commissioner a notice in
writing —
(a)
stating that the goods are subject to recall;
(b) if
the goods have a defect — stating the nature of the defect;
and
(c) if
the goods do not comply with a product safety standard for the
goods — stating the nature of the non-compliance.
Penalty: $10 000 in the case of a corporation
or $5 000 in any other case.
(11) It is a
sufficient compliance with subsection (10) if a copy of a notice relating
to the goods given under section 65R of the Trade Practices Act 1974
of the Commonwealth is given to the Commissioner.