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Gas and Electricity (Consumer Safety) Act 2017
8Electrical articles must meet certain standards before they can be sold
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#### 8 Electrical articles must meet certain standards before they can be sold
8 Electrical articles must meet certain standards before they can be sold
> > (1) A person must not sell a declared electrical article if the article is not of—
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> > > (a) a model of electrical article that has a model approval, or
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> > > (b) a class, description or model that has been approved or registered by the relevant authority for another State or a Territory, or
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> > > (c) a model of electrical article that has been approved or certified under a recognised external approval scheme (being an approval or certification that is evidenced by marking on the article).
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> > Maximum penalty—
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> > > (a) in the case of an individual—
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> > > > (i) 500 penalty units for a first offence, or
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> > > > (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or
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> > > (b) in the case of a corporation—
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> > > > (i) 5,000 penalty units for a first offence, or
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> > > > (ii) 7,500 penalty units for a second or subsequent offence.
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> > (2) A person must not sell an electrical article if—
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> > > (a) the article is not marked in accordance with the regulations, or
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> > > (b) the article does not comply with any one or more of the following—
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> > > > (i) the class specifications (if any) for the article,
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> > > > (ii) the model specifications (if any) for the article,
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> > > > (iii) any other specifications prescribed by the regulations for the article,
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> > > > (iv) any other requirements (including standards) prescribed by the regulations for the article.
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> > Maximum penalty—
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> > > (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
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> > > (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.
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> > Note—
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> > An offence against subsection (1) or (2) 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.
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> > (3) The Secretary may, by order in writing and subject to any conditions that may be specified in the order, exempt a person or persons of a specified class from the operation of any or all of the provisions of subsection (1) or (2).