Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_132:p1
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 132 (pt 1/2)
Character Range: 216072–218722

132  Suppliers to report product related services associated with the death or serious injury or illness of any person

 (1) If:
 (a) a person (the supplier), in trade or commerce, supplies product related services; and
 (b) the supplier becomes aware of the death or serious injury or illness of any person and:
 (i) considers that the death or serious injury or illness was caused, or may have been caused, by the use or foreseeable misuse of the consumer goods to which the services relate; or
 (ii) becomes aware that a person other than the supplier considers that the death or serious injury or illness was caused, or may have been caused, by the use or foreseeable misuse of the consumer goods to which the services relate;
the supplier must, within 2 days of becoming so aware, give the Commonwealth Minister a written notice that complies with subsection (5).

Note: A pecuniary penalty may be imposed for a contravention of this subsection.

 (2) Subsection (1) does not apply if:
 (a) it is clear that the death or serious injury or illness was not caused by the use or foreseeable misuse of the consumer goods to which the services relate; or
 (b) it is very unlikely that the death or serious injury or illness was caused by the use or foreseeable misuse of the consumer goods to which the services relate; or
 (c) the supplier, or another person, is required to notify the death or serious injury or illness in accordance with a law of the Commonwealth, a State or a Territory that is a law specified in the regulations; or
 (d) the supplier, or another person, has notified the death or serious injury or illness in accordance with an industry code of practice that:
 (i) applies to the supplier or other person; and
 (ii) is specified in the regulations.

 (3) Subsection (1) applies whether or not consumer goods to which the product related services relate were being used before or at the time the death or serious injury or illness occurred.

 (4) Without limiting subsection (1), the ways in which the supplier may become aware as mentioned in subsection (1)(b) include receiving the relevant information from any of the following:
 (a) a consumer;
 (b) a person who re‑supplies the product related services;
 (c) an insurer of the services;
 (d) an industry organisation or consumer organisation.

 (5) The notice must:
 (a) identify the product related services and the consumer goods to which the services relate; and
 (b) include information about the following matters to the extent that it is known by the supplier at the time the notice is given:
 (i) when the services have been supplied;
 (ii) the circumstances in which