9Acquisition guarantee may be defence to certain offences

#### 9 Acquisition guarantee may be defence to certain offences 9 Acquisition guarantee may be defence to certain offences > > (1) It is a defence to a prosecution of an offence against section 8 (1) or (2) if the defendant proves that— > > > > > (a) the defendant received an acquisition guarantee in respect of the electrical article to which the offence relates from the person from whom the defendant obtained the electrical article, and > > > > > (b) the defendant had no reason to believe that, at the time of the alleged offence, the electrical article did not comply with the requirements of section 8 (1) or (2), as the case may be. > > > (2) A guarantee is an acquisition guarantee in respect of an electrical article for the purposes of the prosecution of an offence only if— > > > > > (a) the guarantee is in writing, and > > > > > (b) the matters guaranteed are that, when the guarantee is given— > > > > > > > (i) if the electrical article is a declared electrical article—the model of the article has a model approval or has been approved or certified under a recognised external approval scheme or the article is of a class, description or model approved or registered by a relevant authority for another State or a Territory, and > > > > > > > (ii) the electrical article is marked as prescribed by the regulations, and > > > > > > > (iii) the electrical article complies with the class specifications (if any), the model specifications (if any) and any other specifications or requirements for the article prescribed by the regulations, and > > > > > (c) the guarantor is— > > > > > > > (i) an individual who resides in Australia, or > > > > > > > (ii) a corporation that has a place of business within Australia, and > > > > > (d) the guarantee specifies the name of the guarantor and— > > > > > > > (i) in the case of a guarantor who is an individual and who resides within Australia—the address of the guarantor and of the place of business of the guarantor, or > > > > > > > (ii) in the case of a guarantor that is a corporation—an address of a place of business of the guarantor within Australia, and > > > > > (e) the guarantee applies— > > > > > > > (i) generally to electrical articles of the particular model to which the prosecution relates, or > > > > > > > (ii) to the specific electrical article to which the prosecution relates and refers to a sale note, bill of sale, invoice, bill of lading or other document describing the electrical article sold and the marking on it, and > > > > > (f) the guarantee complies with any other requirements prescribed by the regulations. > > > (3) Subsection (1) does not apply unless, not later than 7 days after service on the defendant of the process commencing proceedings for the offence— > > > > > (a) the defendant gives a written notice to the prosecutor of the defendant’s intention to rely on an acquisition guarantee and the notice specifies the following— > > > > > > > (i) the name of the person who gave the acquisition guarantee (the acquisition guarantor), > > > > > > > (ii) any name under which the acquisition guarantor trades, > > > > > > > (iii) the address referred to in subsection (2) (d) in relation to the acquisition guarantor, and > > > > > (b) the defendant gives a written notice to the acquisition guarantor of the defendant’s intention to rely on the guarantee, and > > > > > (c) the defendant gives the prosecutor a copy of the guarantee. > > > (4) An acquisition guarantor given notice under subsection (3) is entitled to offer evidence at the hearing of the proceedings to which the notice relates and the court may, if it thinks fit, adjourn the hearing to enable the guarantor to do so.