Competition and Consumer Act 2010
Sch 2 s 142Defences to defective goods actions
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142 Defences to defective goods actions
In a defective goods action, it is a defence if it is established that:
(a) the safety defect in the goods that is alleged to have caused the loss or damage did not exist:
(i) in the case of electricity—at the time at which the electricity was generated, being a time before it was transmitted or distributed; or
(ii) in any other case—at the time when the goods were supplied by their actual manufacturer; or
(b) the goods had that safety defect only because there was compliance with a mandatory standard for them; or
(c) the state of scientific or technical knowledge at the time when the goods were supplied by their manufacturer was not such as to enable that safety defect to be discovered; or
(d) if the goods that had that safety defect were comprised in other goods—that safety defect is attributable only to:
(i) the design of the other goods; or
(ii) the markings on or accompanying the other goods; or
(iii) the instructions or warnings given by the manufacturer of the other goods.