Sch 2 s 252Supplying consumer goods for the purpose of re-supply

252 Supplying consumer goods for the purpose of re‑supply

(1) This section applies to a proceeding under this Part in relation to a contravention of a provision of Part 2‑1 or 2‑2 or Chapter 3 committed by:

(a) the supplying of consumer goods that did not comply with a safety standard for such goods; or

(b) the supplying of consumer goods by a supplier who did not comply with an information standard for such goods.

(2) In the proceeding, it is a defence if the defendant proves that:

(a) the consumer goods were acquired by the defendant for the purpose of re‑supply; and

(b) the consumer goods were so acquired from a person who carried on in Australia a business of supplying such goods otherwise than as the agent of a person outside Australia; and

(c) either:

(i) the defendant did not know, and could not with reasonable diligence have ascertained, that the consumer goods did not comply with that safety standard, or that the defendant had not complied with that information standard, as the case may be; or

(ii) the defendant relied in good faith on a representation by the person from whom the defendant acquired the goods that there was no safety standard or information standard, as the case may be, for such consumer goods.

(3) A defendant is not entitled to rely on the defence provided by subsection (2) unless:

(a) the court gives leave; or

(b) the defendant has, not later than 7 days before the day on which the hearing of the proceeding commences, served on the person who instituted the proceeding a written notice identifying the person from whom the defendant acquired the consumer goods.