Document ID: chunk:federal_register_of_legislation:C2004A02005:body:0:p5
Version: federal_register_of_legislation:C2004A02005
Segment Type: other
Provision Reference: 
Character Range: 9642–12278

woven in, impressed on, worked into or annexed or affixed to the goods; or
         (ii) is applied to a covering, label, reel or thing in or with which the goods are supplied; and
    (b) if the name of a corporation, a name in which a corporation carries on business or a brand or mark of a corporation is applied to goods, it shall be presumed, unless the contrary is established, that the corporation caused or permitted the name, brand or mark to be applied to the goods.
"(6) The reference in sub-section (5) to a covering includes a reference to a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper and the reference in that sub-section to a label includes a reference to a band or ticket.
"(7) If goods are imported into Australia on behalf of a corporation, the corporation shall be deemed, for the purposes of this Division, to have imported the goods into Australia.
"(8) For the purposes of this Division, goods shall be taken to be supplied to a consumer notwithstanding that, at the time of the supply, they are affixed to land or premises.

Actions in respect of unsuitable goods
"74b. (1) Where—
    (a) a corporation, in trade or commerce, supplies goods manufactured by the corporation to another person who acquires the goods for re-supply;
    (b) a person (whether or not the person who acquired the goods from the corporation) supplies the goods (otherwise than by way of sale by auction) to a consumer;
    (c) the goods are acquired by the consumer for a particular purpose that was, expressly or by implication, made known to the corporation, either directly, or through the person from whom the consumer acquired the goods or a person by whom any antecedent negotiations in connexion with the acquisition of the goods were conducted;
    (d) the goods are not reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied; and
    (e) the consumer suffers loss or damage by reason that the goods are not reasonably fit for that purpose,
the corporation is liable to compensate the consumer for the loss or damage and the consumer may recover the amount of the compensation by action against the corporation in a court of competent jurisdiction.

"(2) Sub-section (1) does not apply—
    (a) if the goods are not reasonably fit for the purpose referred to in that sub-section by reason of—
       (i) an act or default of any person (not being the corporation or a servant or agent of the corporation); or
       (ii) a cause independent of human control, occurring after the goods have left the control of the corporations; or
    (b) where the