Document ID: chunk:federal_register_of_legislation:C2024A00136:clause:2_108
Version: federal_register_of_legislation:C2024A00136
Segment Type: clause
Provision Reference: sch 2 cl 108
Character Range: 16403–18088

108  Requirements relating to alternative methods of complying
 (1) This section applies if:
 (a) a safety standard for consumer goods, or product related services, of a particular kind is in force; and
 (b) the standard specifies, as alternative methods of complying with the standard (or part of the standard), 2 or more sets of requirements.
 (2) If:
 (a) a person, in trade or commerce:
 (i) has supplied, or offered for supply, goods or services of that kind; or
 (ii) is supplying, or offering for supply, goods or services of that kind; or
 (iii) intends to supply, or offer for supply, goods or services of that kind; and
 (b) the regulator gives to the person a written request to nominate which of those sets of requirements the person has complied with, is complying with, or intends to comply with;
the person must, within the period specified in the request, give to the regulator a written notice nominating one of those sets of requirements.
Note 1: A pecuniary penalty may be imposed for a contravention of this subsection.
Note 2: A contravention of this subsection is an offence (see section 196).
 (3) A person contravenes this subsection if:
 (a) the person, in trade or commerce:
 (i) has supplied, or offered for supply, goods or services of that kind; or
 (ii) is supplying, or offering for supply, goods or services of that kind; and
 (b) the person nominates a set of requirements, either by giving to the regulator a written notice under subsection (2) of this section or by other means; and
 (c) those goods or services did not or do not comply with that set of requirements.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.