sec.72Sale of level 1 in-scope electrical equipment by responsible supplier

sec.72 Sale of level 1 in-scope electrical equipment by responsible supplier

A responsible supplier of a type of level 1 in-scope electrical equipment must not sell an item of the type unless— the responsible supplier is a registered responsible supplier; and the item meets the relevant standard for the type as in force— if the responsible supplier is a manufacturer of the type—at the time the item was manufactured by the responsible supplier; or if the responsible supplier is an importer of the type—at the time the item was imported by the responsible supplier; and the item is electrically safe. Maximum penalty—40 penalty units. It is a defence for the responsible supplier to prove that the responsible supplier obtained the item from a registered responsible supplier. This example assumes New Zealand is a participating jurisdiction. A New Zealand responsible supplier (company A) is a registered responsible supplier. Company A imports level 1 in-scope electrical equipment into New Zealand from the United Kingdom. Company B is an Australian company that purchases the level 1 in-scope electrical equipment from company A and imports it into Australia. Company B, although a responsible supplier, is not a registered responsible supplier. If company B were charged with an offence against subsection (1) in relation to its sale of an item of the equipment, it would be a defence for company B to prove that it obtained the item from company A who is a registered responsible supplier. (sec.72-ssec.1) A responsible supplier of a type of level 1 in-scope electrical equipment must not sell an item of the type unless— the responsible supplier is a registered responsible supplier; and the item meets the relevant standard for the type as in force— if the responsible supplier is a manufacturer of the type—at the time the item was manufactured by the responsible supplier; or if the responsible supplier is an importer of the type—at the time the item was imported by the responsible supplier; and the item is electrically safe. Maximum penalty—40 penalty units. (sec.72-ssec.2) It is a defence for the responsible supplier to prove that the responsible supplier obtained the item from a registered responsible supplier. This example assumes New Zealand is a participating jurisdiction. A New Zealand responsible supplier (company A) is a registered responsible supplier. Company A imports level 1 in-scope electrical equipment into New Zealand from the United Kingdom. Company B is an Australian company that purchases the level 1 in-scope electrical equipment from company A and imports it into Australia. Company B, although a responsible supplier, is not a registered responsible supplier. If company B were charged with an offence against subsection (1) in relation to its sale of an item of the equipment, it would be a defence for company B to prove that it obtained the item from company A who is a registered responsible supplier.