Document ID: chunk:federal_register_of_legislation:C2025C00189:clause:2_195
Version: federal_register_of_legislation:C2025C00189
Segment Type: clause
Provision Reference: sch 2 cl 195
Character Range: 2678914–2680369

195  Supplying etc. product related services that do not comply with safety standards
 (1) A person commits an offence if:
 (a) the person, in trade or commerce, supplies product related services of a particular kind; and
 (b) a safety standard for services of that kind is in force; and
 (c) those services do not comply with the standard.
 (2) A person commits an offence if:
 (a) the person, in trade or commerce, offers for supply product related services of a particular kind; and
 (b) a safety standard for services of that kind is in force; and
 (c) those services do not comply with the standard.
 (3) Subsections (1) and (2) are offences of strict liability.

Penalty
 (4) An offence against subsection (1) or (2) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:
 (a) $50,000,000;
 (b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit;
 (c) if the court cannot determine the value of that benefit—30% of the body corporate's adjusted turnover during the breach turnover period for the offence.
 (5) An offence against subsection (1) or (2) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.