Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_137
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 137
Character Range: 2601627–2603042

137  Supplying etc. services that do not comply with information standards
 (1) A person must not, in trade or commerce, supply services of a particular kind if:
 (a) an information standard for services of that kind is in force; and
 (b) the person has not complied with that standard.
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (1A) Subsection (1) does not apply if the person failed to comply only with a provision of the standard that is specified by the standard to be a provision to which section 137AA applies.
 (1B) A person who wishes to rely on subsection (1A) in proceedings bears an evidential burden in relation to that matter.
 (2) A person must not, in trade or commerce, offer for supply services the supply of which is prohibited by subsection (1).
Note: A pecuniary penalty may be imposed for a contravention of this subsection.
 (3) If:
 (a) a person (the supplier) supplies services in contravention of subsection (1) or (2); and
 (b) another person suffers loss or damage because, contrary to the information standard, he or she was not provided with particular information in relation to the services; and
 (c) the other person would not have suffered the loss or damage if the supplier had complied with the information standard;
the other person is taken, for the purposes of this Schedule, to have suffered the loss or damage because of that supply.