sec.103AExamination costs

### sec.103A Examination costs In this section— examination includes test and analysis. services includes product related services. supplies includes— offer to supply; and in relation to the supply of goods—expose, exhibit or possess for supply. The commissioner may recover from a person who supplies goods or services the commissioner’s reasonable costs of an examination of the goods or services if the examination— assists in establishing that the goods or services do not comply with a safety standard under section 83 , or an information standard or safety standard under the Australian Consumer Law (Queensland), applying to their supply; or results in an order being made under section 85 , or under the Australian Consumer Law (Queensland), section 109 or 114 , about the goods or services. Also, the commissioner may recover from a person who gives to an inspector false or misleading information, records or a copy of records in contravention of this Act the commissioner’s reasonable costs of an examination that assists in establishing the contravention had happened. Costs recoverable under this section may be recovered— as a debt payable to the commissioner; or in a proceeding mentioned in subsection (6) . Before starting a proceeding to recover costs from a person under this section, the commissioner must give the person the commissioner’s signed certificate— outlining the examination; and stating the amount of the costs of the examination. On application by the commissioner, a court that finds a person guilty of an offence against this Act may order the person to pay the commissioner the cost of an examination that assisted in establishing that the offence had happened. s 103A ins 1994 No. 36 s 17 amd 2010 No. 54 s 47 (sec.103A-ssec.1) In this section— examination includes test and analysis. services includes product related services. supplies includes— offer to supply; and in relation to the supply of goods—expose, exhibit or possess for supply. (sec.103A-ssec.2) The commissioner may recover from a person who supplies goods or services the commissioner’s reasonable costs of an examination of the goods or services if the examination— assists in establishing that the goods or services do not comply with a safety standard under section 83 , or an information standard or safety standard under the Australian Consumer Law (Queensland), applying to their supply; or results in an order being made under section 85 , or under the Australian Consumer Law (Queensland), section 109 or 114 , about the goods or services. (sec.103A-ssec.3) Also, the commissioner may recover from a person who gives to an inspector false or misleading information, records or a copy of records in contravention of this Act the commissioner’s reasonable costs of an examination that assists in establishing the contravention had happened. (sec.103A-ssec.4) Costs recoverable under this section may be recovered— as a debt payable to the commissioner; or in a proceeding mentioned in subsection (6) . (sec.103A-ssec.5) Before starting a proceeding to recover costs from a person under this section, the commissioner must give the person the commissioner’s signed certificate— outlining the examination; and stating the amount of the costs of the examination. (sec.103A-ssec.6) On application by the commissioner, a court that finds a person guilty of an offence against this Act may order the person to pay the commissioner the cost of an examination that assisted in establishing that the offence had happened. - (a) offer to supply; and - (b) in relation to the supply of goods—expose, exhibit or possess for supply. - (a) assists in establishing that the goods or services do not comply with a safety standard under section 83 , or an information standard or safety standard under the Australian Consumer Law (Queensland), applying to their supply; or - (b) results in an order being made under section 85 , or under the Australian Consumer Law (Queensland), section 109 or 114 , about the goods or services. - (a) as a debt payable to the commissioner; or - (b) in a proceeding mentioned in subsection (6) . - (a) outlining the examination; and - (b) stating the amount of the costs of the examination.