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Gas and Electricity (Consumer Safety) Act 2017
31Persons must comply with notices issued under this Part
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#### 31 Persons must comply with notices issued under this Part
31 Persons must comply with notices issued under this Part
> > (1) A person must not sell an electrical article or a gas appliance if the sale of that electrical article or gas appliance is prohibited by a notice in force under section 28.
> >
> > Maximum penalty—
> >
> > > (a) in the case of an individual—
> > >
> > > > (i) 500 penalty units for a first offence, or
> > >
> > > > (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or
> >
> > > (b) in the case of a corporation—
> > >
> > > > (i) 5,000 penalty units for a first offence, or
> > >
> > > > (ii) 7,500 penalty units for a second or subsequent offence.
>
> > (2) A person must comply with any requirement to take action in respect of an electrical article or a gas appliance made of the person under a notice in force under section 29.
> >
> > Maximum penalty—
> >
> > > (a) in the case of an individual—
> > >
> > > > (i) 500 penalty units for a first offence, or
> > >
> > > > (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or
> >
> > > (b) in the case of a corporation—
> > >
> > > > (i) 5,000 penalty units for a first offence, or
> > >
> > > > (ii) 7,500 penalty units for a second or subsequent offence.
>
> > (3) A person must comply with any requirement to test or provide evidence in respect of an electrical article or model of electrical article, or a gas appliance, under a notice in force under section 30.
> >
> > Maximum penalty—
> >
> > > (a) in the case of an individual—
> > >
> > > > (i) 500 penalty units for a first offence, or
> > >
> > > > (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or
> >
> > > (b) in the case of a corporation—
> > >
> > > > (i) 5,000 penalty units for a first offence, or
> > >
> > > > (ii) 7,500 penalty units for a second or subsequent offence.
>
> > (4) A person is not guilty of an offence against this section if the person satisfies the court that the person had reasonable grounds for breaching or failing to comply with the prohibition or requirement to which the alleged offence relates.
>
> Note—
>
> An offence against subsection (1), (2) or (3) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 63.