Sch 2 s 253Supplying product related services for the purpose of re-supply

253 Supplying product related services 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 product related services that did not comply with a safety standard for such services; or

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

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

(a) the product related services were acquired by the defendant for the purpose of re‑supply; and

(b) the product related services were so acquired from a person who carried on in Australia a business of supplying such services 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 product related services 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 product related services.

(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 product related services.