Sch 2 s 136Supplying etc. goods that do not comply with information standards

136 Supplying etc. goods that do not comply with information standards

(1) A person must not, in trade or commerce, supply goods of a particular kind if:

(a) an information standard for goods of that kind is in force; and

(b) the person has not complied with that standard.

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

(1A) Subsection (1) does not apply if the person failed to comply only with a provision of the standard that is specified by the standard to be a provision to which section 137AA applies.

(1B) A person who wishes to rely on subsection (1A) in proceedings bears an evidential burden in relation to that matter.

(2) A person must not, in trade or commerce, offer for supply goods the supply of which is prohibited by subsection (1).

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

(3) A person must not, in or for the purposes of trade or commerce, manufacture, possess or have control of goods the supply of which is prohibited by subsection (1).

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

(4) In a proceeding under Part 5‑2 in relation to a contravention of subsection (3), it is a defence if the defendant proves that the defendant’s manufacture, possession or control of the goods was not for the purpose of supplying the goods.

(5) Subsections (1), (2) and (3) do not apply to goods that are intended to be used outside Australia.

(6) Unless the contrary is established, it is presumed, for the purposes of this section, that goods are intended to be used outside Australia if either of the following is applied to the goods:

(a) a statement that the goods are for export only;

(b) a statement indicating, by the use of words authorised by the regulations to be used for the purposes of this subsection, that the goods are intended to be used outside Australia.

(7) Without limiting subsection (6), a statement may, for the purposes of that subsection, be applied to goods by being:

(a) woven in, impressed on, worked into or annexed or affixed to the goods; or

(b) applied to a covering, label, reel or thing in or with which the goods are supplied.

(8) If:

(a) a person (the supplier) supplies goods in contravention of subsection (1), (2) or (3); and

(b) another person suffers loss or damage because, contrary to the information standard, he or she was not provided with particular information in relation to the goods; and

(c) the other person would not have suffered the loss or damage if the supplier had complied with the information standard;