Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_158:p2
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 158 (pt 2/2)
Character Range: 249152–249789

person took reasonable precautions and exercised due diligence to avoid the failure.

 (9) Subsection (7) does not apply if:
 (a) the person offers to supply different goods or services as a replacement to the person (the customer) to whom the original supply was to be made; and
 (b) the customer agrees to receive the different goods or services.

 (10) Subsection (7) is an offence of strict liability.

 (11) Subsections (1), (3), (5) and (7) apply whether or not the payment or other consideration that the person accepted represents the whole or a part of the payment or other consideration for the supply of the goods or services.