Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_106
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 106
Character Range: 2556800–2559285

106  Supplying etc. consumer goods that do not comply with safety standards
 (1) A person must not, in trade or commerce, supply consumer goods of a particular kind if:
 (a) a safety standard for consumer goods of that kind is in force; and
 (b) those goods do not comply with the standard.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (2) A person must not, in trade or commerce, offer for supply (other than for export) consumer goods the supply of which is prohibited by subsection (1).
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (3) A person must not, in or for the purposes of trade or commerce, manufacture, possess or have control of consumer goods the supply of which is prohibited by subsection (1).
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (4) In a proceeding under Part 5‑2 in relation to a contravention of subsection (3), it is a defence if the defendant proves that the defendant's manufacture, possession or control of the goods was not for the purpose of supplying the goods (other than for export).
 (5) A person must not, in trade or commerce, export consumer goods the supply of which is prohibited by subsection (1) unless:
 (a) the person applies, in writing, to the Commonwealth Minister for an approval to export those goods; and
 (b) the Commonwealth Minister gives such an approval by written notice given to the person.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (6) If the Commonwealth Minister gives an approval under subsection (5), he or she must cause a statement setting out particulars of the approval to be tabled in each House of the Parliament of the Commonwealth within 7 sitting days of that House after the approval is given.
 (7) If:
 (a) a person supplies consumer goods in contravention of this section; and
 (b) another person suffers loss or damage:
 (i) because of a defect in, or a dangerous characteristic of, the goods; or
 (ii) because of a reasonably foreseeable use (including a misuse) of the goods; or
 (iii) because, contrary to the safety standard, he or she was not provided with particular information in relation to the goods; and
 (c) the other person would not have suffered the loss or damage if the goods had complied with the safety standard;
the other person is taken, for the purposes of this Schedule, to have suffered the loss or damage because of that supply.