Document ID: chunk:federal_register_of_legislation:F2024C00514:clause:5_28
Version: federal_register_of_legislation:F2024C00514
Segment Type: clause
Provision Reference: sch 5 cl 28
Character Range: 35817–37203

28  Application of section 27
 (1) Section 27 does not apply to a person unless:
 (a) the person is a constitutional corporation; or
 (b) the person manufactured or imported the relevant device for the purposes of supply in the course of, or in relation to:
 (i) trade or commerce between Australia and places outside Australia; or
 (ii) trade or commerce among the States; or
 (iii) trade or commerce within a Territory, between a State and a Territory, or between two Territories; or
 (iv) the supply of goods or services to the Commonwealth, to a Territory or to an authority or instrumentality of the Commonwealth or of a Territory; or
 (v) the provision or use of a postal, telegraphic, telephonic or other like service; or
 (vi) the defence of Australia; or
 (vii) the operation of lighthouses, lightships, beacons or buoys; or
 (viii) astronomical or meteorological observations; or
 (ix) an activity of a constitutional corporation; or
 (x) banking, other than State banking; or
 (xi) insurance, other than State insurance; or
 (xii) weighing or measuring.
 (2) Section 27 does not apply if an exemption applies.
 (3) Section 27 does not apply where:
 (a) a person holds a permit that authorises the person to supply an unlabelled device; and
 (b) the person supplies a device that does not have a label applied to it; and
 (c) the supply occurs in accordance with the permit.