50Marking of electrical articles

50 Marking of electrical articles

(1)  An electrical article to which this Part applies is marked as required under this Part if –

(a) [Section 50 Subsection (1) amended by No. 59 of 2009, s. 13, Applied:01 Jun 2010] in the case of an article approved by the Secretary under this Part, it is marked as required under the conditions of its approval; or

(b) in the case of an article approved by an external authority –

(i) it displays a regulatory compliance mark in accordance with the relevant Australian Standard for electrical articles; or

(ii) it is marked as required by law in the jurisdiction of the external authority.

(2)  A person must not –

(a) [Section 50 Subsection (2) amended by No. 59 of 2009, s. 13, Applied:01 Jun 2010] mark an electrical article in a way that suggests it is approved by the Secretary or an external authority if it is not in fact so approved; or

(b) [Section 50 Subsection (2) amended by No. 59 of 2009, s. 13, Applied:01 Jun 2010] make any form of representation to the effect that an electrical article is approved by the Secretary or an external authority, or from which it might reasonably be inferred that an article is approved by the Secretary or an external authority, if the article is not in fact so approved; or

(c) misuse a mark for indicating approval of an electrical article.

Penalty:  Fine not exceeding 50 penalty units.

(3)  [Section 50 Subsection (3) amended by No. 59 of 2009, s. 13, Applied:01 Jun 2010] A person must not sell an article marked in a way suggesting that it is approved by the Secretary or an external authority if it is not in fact so approved.

Penalty:  Fine not exceeding 50 penalty units.