Sch 2 s 194Supplying etc. consumer goods that do not comply with safety standards

194 Supplying etc. consumer goods that do not comply with safety standards

(1) A person commits an offence if:

(a) the person, in trade or commerce, supplies consumer goods of a particular kind; and

(b) a safety standard for consumer goods of that kind is in force; and

(c) those goods do not comply with the standard.

(2) A person commits an offence if:

(a) the person, in trade or commerce, offers for supply (other than for export) consumer goods of a particular kind; and

(b) a safety standard for consumer goods of that kind is in force; and

(c) those goods do not comply with the standard.

(3) A person commits an offence if:

(a) the person, in or for the purposes of trade or commerce, manufactures, possesses or has control of consumer goods of a particular kind; and

(b) a safety standard for consumer goods of that kind is in force; and

(c) those goods do not comply with the standard.

(4) Subsection (3) does not apply if the person does not manufacture, possess or control the goods for the purpose of supplying the goods (other than for export).

(5) A person commits an offence if:

(a) the person, in trade or commerce, exports consumer goods of a particular kind; and

(b) a safety standard for consumer goods of that kind is in force; and

(c) those goods do not comply with the standard.

(6) Subsection (5) does not apply if the Commonwealth Minister has, by written notice given to the person, approved the export of the goods under section 106(5).

(7) Subsections (1), (2), (3) and (5) are offences of strict liability.

Penalty

(8) An offence against subsection (1), (2), (3) or (5) committed by a body corporate is punishable on conviction by a fine of not more than the greater of the following:

(a) $100,000,000;

(b) if the court can determine the value of the benefit that the body corporate, and any body corporate related to the body corporate, have obtained directly or indirectly and that is reasonably attributable to the commission of the offence—3 times the value of that benefit;

(c) if the court cannot determine the value of that benefit—30% of the body corporate’s adjusted turnover during the breach turnover period for the offence.

(9) An offence against subsection (1), (2), (3) or (5) committed by a person other than a body corporate is punishable on conviction by a fine of not more than $2,500,000.