50Prohibition of sale of certain electrical articles, gas appliances and autogas installations and labelling of those articles, appliances and installations

#### 50 Prohibition of sale of certain electrical articles, gas appliances and autogas installations and labelling of those articles, appliances and installations 50 Prohibition of sale of certain electrical articles, gas appliances and autogas installations and labelling of those articles, appliances and installations > > (1) An authorised officer who believes on reasonable grounds that an electrical article or more than one electrical article of a particular model, a gas appliance or more than one gas appliance of a particular type, or an autogas installation or more than one autogas installation of a particular class, is, or is likely to become, unsafe, may— > > > > > (a) by written notice served on the person— > > > > > > > (i) having possession of the electrical article or electrical articles of that model, prohibit the sale by that person of the electrical article or of all electrical articles of that model, or > > > > > > > (ii) having possession of the gas appliance or gas appliances of that type, prohibit the sale by that person of the gas appliance or of all gas appliances of that type, or > > > > > > > (iii) having possession of the autogas installation or autogas installations of that class, prohibit the sale by that person of the autogas installation or of all autogas installations of that class, and > > > > > (b) affix in some conspicuous position— > > > > > > > (i) on the electrical article or each of the electrical articles, the gas appliance or each of the gas appliances or the autogas installation or each of the autogas installations, or > > > > > > > (ii) on any container or package that contains an electrical article, gas appliance or autogas installation, > > > > > > a label indicating that the electrical article, gas appliance or autogas installation is to be considered dangerous and must not be sold or used until specified repairs necessary to make it safe to use have been effected by the person having possession of the article, appliance or installation. > > > (2) A notice served on a person under this section ceases to have effect 2 weeks after the day on which it is served unless within that period the Secretary has, by further written notice served on the person— > > > > > (a) confirmed or varied the terms of the notice, or > > > > > (b) revoked the notice. > > > (3) A person must not— > > > > > (a) sell an electrical article, gas appliance or autogas installation in contravention of a notice in force under this section, or > > > > > (b) remove or alter a label affixed to an electrical article, gas appliance or autogas installation or a container or package under this section unless directed to do so by an authorised officer. > > > > Maximum penalty (subsection (3))— > > > > > (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. > > > > Note— > > > > An offence against subsection (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. > > **s 50:** Am 2020 No 25, Sch 7.2\[9\]–\[15\].