31AReference in this Division to repair may include reference to replacement

31A Reference in this Division to repair may include reference to replacement

[Section 31A Inserted by No. 45 of 2013, s. 15, Applied:01 Oct 2014]

(1)  If an object that is an essential service and that is required to be repaired under this Division is unable to be repaired, the object is required under this Division to be replaced with an object that –

(a) serves the same primary function as the object required to be replaced; and

(b) serves that function to a reasonably similar degree or standard as the degree or standard of the object before it was required to be repaired –

and, accordingly, a reference in this Division to repair is to be taken in such circumstances to be a reference to replacement.

(2)  If an object that is an essential service and that is required to be repaired under this Division is able to be repaired, but it would be cheaper, easier or quicker to replace the object instead, the object may be replaced with an object that –

(a) serves the same primary function as the object required to be replaced; and

(b) serves that function to a reasonably similar degree or standard as the degree or standard of the object before it was required to be repaired –

and, accordingly, a reference in this Division to repair is to be taken in such circumstances to include a reference to replacement.