Document ID: chunk:federal_register_of_legislation:C2004C01260:clause:1_75azt
Version: federal_register_of_legislation:C2004C01260
Segment Type: clause
Provision Reference: sch 1 cl 75AZT
Character Range: 79880–82002

75AZT  Product information standards

 (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 in respect of which a consumer product information standard has been prescribed by regulations made for the purpose of subsection 65D(2);
the corporation is guilty of an offence punishable on conviction by a fine not exceeding 2,000 penalty units.

 (2) Subsection (1) does not apply if the corporation has complied with the standard in relation to the goods.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).

 (3) 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.

 (4) Subsection (1) does not apply to goods that are intended to be used outside Australia.

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) If there is applied to goods:
 (a) a statement that the goods are for export only; or
 (b) a statement indicating by the use of words authorised by the regulations to be used for the purposes of this subsection that the goods are intended to be used outside Australia;
it must be presumed for the purposes of this section, unless the contrary is established, that the goods are intended to be so used.

 (6) For the purposes of subsection (4), a statement is taken to be applied to goods if:
 (a) the statement is woven in, impressed on, worked into or annexed or affixed to the goods; or
 (b) the statement is applied to a covering, label, reel or thing in or with which the goods are supplied.

 (7) A reference in subsection (6) to a covering includes a reference to a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper and a reference in that subsection to a label includes a reference to a band or ticket.