Sch 2 s 203Supplying etc. goods that do not comply with information standards

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

(1) A person commits an offence if:

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

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

(c) the person has not complied with the standard in relation to the goods.

(2) A person commits an offence if:

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

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

(c) the person has not complied with the standard in relation to the goods.

(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 goods of a particular kind; and

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

(c) the person has not complied with the standard in relation to the goods.

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

(5) Subsection (1), (2) or (3) does 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 regulations made for the purposes of section 136(6)(b) to be used for the purposes of section 136(6), 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) Subsections (1), (2) and (3) are offences of strict liability.

Penalty

(9) An offence against subsection (1), (2) or (3) 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;