Sch 2 s 137Supplying etc. services that do not comply with information standards

137 Supplying etc. services that do not comply with information standards

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

(a) an information standard for services 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 services the supply of which is prohibited by subsection (1).

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

(3) If:

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

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

the other person is taken, for the purposes of this Schedule, to have suffered the loss or damage because of that supply.