Sch 2 s 108Requirements relating to alternative methods of complying

108 Requirements relating to alternative methods of complying

(1) This section applies if:

(a) a safety standard for consumer goods, or product related services, of a particular kind is in force; and

(b) the standard specifies, as alternative methods of complying with the standard (or part of the standard), 2 or more sets of requirements.

(2) If:

(a) a person, in trade or commerce:

(i) has supplied, or offered for supply, goods or services of that kind; or

(ii) is supplying, or offering for supply, goods or services of that kind; or

(iii) intends to supply, or offer for supply, goods or services of that kind; and

(b) the regulator gives to the person a written request to nominate which of those sets of requirements the person has complied with, is complying with, or intends to comply with;

the person must, within the period specified in the request, give to the regulator a written notice nominating one of those sets of requirements.

Note 1: A pecuniary penalty may be imposed for a contravention of this subsection.

Note 2: A contravention of this subsection is an offence (see section 196).

(3) A person contravenes this subsection if:

(a) the person, in trade or commerce:

(i) has supplied, or offered for supply, goods or services of that kind; or

(ii) is supplying, or offering for supply, goods or services of that kind; and

(b) the person nominates a set of requirements, either by giving to the regulator a written notice under subsection (2) of this section or by other means; and

(c) those goods or services did not or do not comply with that set of requirements.

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