NSWIn ForceAct
Gas and Electricity (Consumer Safety) Act 2017
28Prohibition of sale of unsafe electrical articles and gas appliances
Start here
Get a plain-English read of 28
Turn the raw legal text into a practical explanation grounded in Gas and Electricity (Consumer Safety) Act 2017.
#### 28 Prohibition of sale of unsafe electrical articles and gas appliances
28 Prohibition of sale of unsafe electrical articles and gas appliances
> > (1) The Secretary may, by a notice published in the Gazette, prohibit the sale of an electrical article or a gas appliance from the day the notice is published in the Gazette or from a later day specified in the notice.
>
> > (2) The Secretary may, by written notice served on any person, prohibit the person from selling an electrical article or a gas appliance from the day the notice is so served or any later day that may be specified in the notice.
>
> > (3) The Secretary may issue a notice under this section only if the Secretary believes on reasonable grounds that—
> >
> > > (a) the electrical article or model of electrical article, or the gas appliance, is, or is likely to become, unsafe to use because of its design or construction, and
> >
> > > (b) prohibiting the sale of the electrical article or gas appliance is warranted due to the risk of death or injury to any person or damage to any property arising out of the use of the electrical article or gas appliance.
>
> > (4) A notice issued under this section may be revoked or amended by the Minister or Secretary—
> >
> > > (a) in the case of a notice issued under subsection (1)—by notice published in the Gazette, or
> >
> > > (b) in the case of a notice issued under subsection (2)—by notice served on the person or persons to whom the original notice was directed.
>
> > (5) The Secretary must publish copies of any notice issued under subsection (1), or any notice of revocation or amendment issued under subsection (4) (a), in such newspapers as may be prescribed by the regulations.
>
> > (6) A failure to comply with subsection (5) does not invalidate any notice or revocation or amendment of a notice under this section.
>
> > (7) The Minister may issue a notice under subsection (1) or (2) in the same way as the Secretary and, for that purpose, a reference in this section (other than subsection (4)) to the Secretary is to be read as a reference to the Minister.