sec.74Sale of in-scope electrical equipment—general

sec.74 Sale of in-scope electrical equipment—general

A person must not sell an item of a type of level 1, 2 or 3 in-scope electrical equipment unless the item is marked with the RCM in compliance with the defining standard. Maximum penalty—20 penalty units. A person must not sell an item of a relevant type if— the item was purchased by the person for the purpose of resale; and when the person purchased the item, the relevant type was not registered in relation to a registered responsible supplier. Maximum penalty—20 penalty units. Subsection (4) applies in relation to a prosecution of an offence against subsection (2) in which the issue is raised that the person had an honest and reasonable but mistaken belief that the type was registered in relation to a registered responsible supplier based on reasonable monitoring by the person of the national register. In deciding whether the monitoring of the national register was reasonable, regard may be had to the nature of the item and the nature of the person’s business in relation to the item. For subsection (1) , it is sufficient if the mark is on the item’s labelling or packaging in compliance with the defining standard. Subsection (1) or (2) does not apply if— the person is a responsible supplier of the type of in-scope electrical equipment; or the item is a second-hand item. In this section— relevant type means a type of level 2 or 3 in-scope electrical equipment that is manufactured in, or imported into, Australia or, if New Zealand is a participating jurisdiction, New Zealand. (sec.74-ssec.1) A person must not sell an item of a type of level 1, 2 or 3 in-scope electrical equipment unless the item is marked with the RCM in compliance with the defining standard. Maximum penalty—20 penalty units. (sec.74-ssec.2) A person must not sell an item of a relevant type if— the item was purchased by the person for the purpose of resale; and when the person purchased the item, the relevant type was not registered in relation to a registered responsible supplier. Maximum penalty—20 penalty units. (sec.74-ssec.3) Subsection (4) applies in relation to a prosecution of an offence against subsection (2) in which the issue is raised that the person had an honest and reasonable but mistaken belief that the type was registered in relation to a registered responsible supplier based on reasonable monitoring by the person of the national register. (sec.74-ssec.4) In deciding whether the monitoring of the national register was reasonable, regard may be had to the nature of the item and the nature of the person’s business in relation to the item. (sec.74-ssec.5) For subsection (1) , it is sufficient if the mark is on the item’s labelling or packaging in compliance with the defining standard. (sec.74-ssec.6) Subsection (1) or (2) does not apply if— the person is a responsible supplier of the type of in-scope electrical equipment; or the item is a second-hand item. (sec.74-ssec.7) In this section— relevant type means a type of level 2 or 3 in-scope electrical equipment that is manufactured in, or imported into, Australia or, if New Zealand is a participating jurisdiction, New Zealand.