57Power to require recall of defective electrical articles

57 Power to require recall of defective electrical articles

(1)  [Section 57 Subsection (1) amended by No. 59 of 2009, s. 18, Applied:01 Jun 2010] [Section 57 Subsection (1) amended by No. 59 of 2009, s. 18, Applied:01 Jun 2010] If the Secretary has reason to believe that defective electrical articles have been sold, the Secretary may require vendors who carry on the business of selling electrical articles by wholesale or retail to take specified action –

(a) to recall electrical articles of the relevant description that they have sold; and

(b) [Section 57 Subsection (1) amended by No. 59 of 2009, s. 18, Applied:01 Jun 2010] to have the articles repaired so that they can be safely used or, if it is not economic to repair them, to replace them with similar electrical articles that are not defective or to compensate the purchasers on a basis stipulated by the Secretary.

(2)  [Section 57 Subsection (2) amended by No. 59 of 2009, s. 18, Applied:01 Jun 2010] The Secretary may impose a requirement under this section –

(a) by giving written notice of the requirement to the vendor; or

(b) [Section 57 Subsection (2) amended by No. 59 of 2009, s. 18, Applied:01 Jun 2010] by publishing notice of the requirement in the Gazette and taking any other action the Secretary considers appropriate to bring the requirement to the notice of vendors of electrical articles of the relevant description.

(3)  For the purposes of this section, an electrical article is defective if the article is, or is likely to become, unsafe in use.

(4)  A person who fails to comply with a requirement under this section is guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units.