Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_75azs
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 75AZS
Character Range: 78221–79880

75AZS  Product safety standards and unsafe goods

 (1) If:
 (a) a corporation, in trade or commerce, supplies goods; and
 (b) the goods are intended to be used, or are of a kind likely to be used, by a consumer; and
 (c) the goods are of a kind:
 (i) in respect of which there is a consumer product safety standard prescribed by regulations made for the purposes of section 65C and which do not comply with that standard; or
 (ii) in respect of which there is in force a notice under section 65C declaring the goods to be unsafe goods; or
 (iii) in respect of which there is in force a notice under section 65C imposing a permanent ban on the goods;
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 2,000 penalty units.

 (2) Subsection (1) is an offence of strict liability.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: For strict liability, see section 6.1 of the Criminal Code.

 (3) A corporation must not export goods whose supply in Australia would constitute an offence against subsection (1).

Penalty: 2,000 penalty units.

 (4) Subsection (3) does not apply if the Minister has, by written notice given to the corporation, approved the export of the goods under subsection 65C(3).

Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the Criminal Code).

 (5) Subsection (3) is an offence of strict liability.

Note 1: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

Note 2: For strict liability, see section 6.1 of the Criminal Code.