Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_142
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 142
Character Range: 230181–231269

142  Defences to defective goods actions

  In a defective goods action, it is a defence if it is established that:
 (a) the safety defect in the goods that is alleged to have caused the loss or damage did not exist:
 (i) in the case of electricity—at the time at which the electricity was generated, being a time before it was transmitted or distributed; or
 (ii) in any other case—at the time when the goods were supplied by their actual manufacturer; or
 (b) the goods had that safety defect only because there was compliance with a mandatory standard for them; or
 (c) the state of scientific or technical knowledge at the time when the goods were supplied by their manufacturer was not such as to enable that safety defect to be discovered; or
 (d) if the goods that had that safety defect were comprised in other goods—that safety defect is attributable only to:
 (i) the design of the other goods; or
 (ii) the markings on or accompanying the other goods; or
 (iii) the instructions or warnings given by the manufacturer of the other goods.

Division 2—Defective goods actions