Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_194
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 194
Character Range: 286211–288244

194  Supplying etc. consumer goods that do not comply with safety standards

 (1) A person commits an offence if:
 (a) the person, in trade or commerce, supplies consumer goods of a particular kind; and
 (b) a safety standard for consumer goods of that kind is in force; and
 (c) those goods do not comply with the standard.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (2) A person commits an offence if:
 (a) the person, in trade or commerce, offers for supply (other than for export) consumer goods of a particular kind; and
 (b) a safety standard for consumer goods of that kind is in force; and
 (c) those goods do not comply with the standard.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (3) A person commits an offence if:
 (a) the person, in or for the purposes of trade or commerce, manufactures, possesses or has control of consumer goods of a particular kind; and
 (b) a safety standard for consumer goods of that kind is in force; and
 (c) those goods do not comply with the standard.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (4) Subsection (3) does not apply if the person does not manufacture, possess or control the goods for the purpose of supplying the goods (other than for export).

 (5) A person commits an offence if:
 (a) the person, in trade or commerce, exports consumer goods of a particular kind; and
 (b) a safety standard for consumer goods of that kind is in force; and
 (c) those goods do not comply with the standard.

Penalty:
 (a) if the person is a body corporate—$1,100,000; or
 (b) if the person is not a body corporate—$220,000.

 (6) Subsection (5) does not apply if the Commonwealth Minister has, by written notice given to the person, approved the export of the goods under section 106(5).

 (7) Subsections (1), (2), (3) and (5) are offences of strict liability.