Sch 2 s 148Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard

148 Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard

(1) If a person (however described) against whom a defective goods action is brought raises the defence that the goods had the alleged safety defect only because there was compliance with a Commonwealth mandatory standard for the goods, the person must, as soon as practicable after raising that defence, give the Commonwealth:

(a) a prescribed notice of the action and of that defence; and

(b) a copy of the person’s defence in the action.

(2) The giving of the notice and defence makes the Commonwealth a defendant in the action.

(3) If, in the action, the court finds that the person (the plaintiff) by whom the action is brought would, but for the defence referred to in subsection (1), have succeeded against the person (other than the Commonwealth) against which the action is brought, then:

(a) the Commonwealth, and not the person (other than the Commonwealth) against which the action is brought, is liable to pay the plaintiff for the amount of the loss or damage caused by the safety defect; and

(b) the court is to enter judgment against the Commonwealth for that amount; and

(c) the court may make such orders for costs as the court considers just.