sec.73Sale of level 2 or 3 in-scope electrical equipment by responsible supplier

sec.73 Sale of level 2 or 3 in-scope electrical equipment by responsible supplier

A responsible supplier of a type of level 2 or 3 in-scope electrical equipment must not sell an item of the type unless— the responsible supplier is a registered responsible supplier; and the type is registered in relation to the responsible supplier; and the item meets the relevant standard for the type as at the time the type became registered as mentioned in paragraph (b) ; 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; and the type of in-scope electrical equipment to which the item belongs was, at the time of the alleged offence, registered in relation to the registered responsible supplier; or that, at the time of the alleged offence— the responsible supplier was, under the Corporations Act , a related body corporate of a New Zealand registered responsible supplier; and the type of in-scope electrical equipment to which the item belongs was registered in relation to the New Zealand registered responsible supplier. In this section— New Zealand registered responsible supplier means a registered responsible supplier that is, under the Companies Act 1993 (NZ) — a company; or an overseas company carrying on business in New Zealand. This example assumes New Zealand is a participating jurisdiction. A New Zealand responsible supplier (company A) is a registered responsible supplier and a type of level 2 in-scope electrical equipment is registered in the national register in relation to company A. Company A imports level 2 in-scope electrical equipment of that type into New Zealand from the United Kingdom. Company B is an Australian company that purchases the level 2 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 and that the type of in-scope electrical equipment to which the item belonged was, at the time of the alleged offence, registered in the national register in relation to company A. (sec.73-ssec.1) A responsible supplier of a type of level 2 or 3 in-scope electrical equipment must not sell an item of the type unless— the responsible supplier is a registered responsible supplier; and the type is registered in relation to the responsible supplier; and the item meets the relevant standard for the type as at the time the type became registered as mentioned in paragraph (b) ; and the item is electrically safe. Maximum penalty—40 penalty units. (sec.73-ssec.2) It is a defence for the responsible supplier to prove— that— the responsible supplier obtained the item from a registered responsible supplier; and the type of in-scope electrical equipment to which the item belongs was, at the time of the alleged offence, registered in relation to the registered responsible supplier; or that, at the time of the alleged offence— the responsible supplier was, under the Corporations Act , a related body corporate of a New Zealand registered responsible supplier; and the type of in-scope electrical equipment to which the item belongs was registered in relation to the New Zealand registered responsible supplier. (sec.73-ssec.3) In this section— New Zealand registered responsible supplier means a registered responsible supplier that is, under the Companies Act 1993 (NZ) — a company; or an overseas company carrying on business in New Zealand. This example assumes New Zealand is a participating jurisdiction. A New Zealand responsible supplier (company A) is a registered responsible supplier and a type of level 2 in-scope electrical equipment is registered in the national register in relation to company A. Company A imports level 2 in-scope electrical equipment of that type into New Zealand from the United Kingdom. Company B is an Australian company that purchases the level 2 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 and that the type of in-scope electrical equipment to which the item belonged was, at the time of the alleged offence, registered in the national register in relation to company A.