37CSecretary may list a product on the Secretary's product list

37C Secretary may list a product on the Secretary's product list

(1) The Secretary may list a product on the Secretary's product list as belonging to a product category if the Secretary is satisfied that the product meets the criteria applying to that product category.

(2) The Secretary may suspend a product from the Secretary's product list, pending further investigation, if the Secretary reasonably believes that—

(a) the product no longer meets the criteria applying to the product category which the product is listed as belonging to; or

(b) the product may be unsafe; or

(c) the product may not be of acceptable quality; or

(d) the product may not be fit for its intended purpose; or

(e) any information that the Secretary had regard to, under subregulation (5)(a), in determining whether the product should be listed has become incorrect or was incorrect at the time.

(3) The Secretary may remove a product from the Secretary's product list if the Secretary is satisfied that—

(a) the product no longer meets the criteria applying to the product category which the product is listed as belonging to; or

(b) the product may be unsafe; or

(c) the product may not be of acceptable quality; or

(d) the product may not be fit for its intended purpose; or

(e) any information that the Secretary had regard to, under subregulation (5)(a), in determining whether the product should be listed has become incorrect or was incorrect at the time.

(4) The Secretary may reinstate a listing of a product that has been suspended under subregulation (2) if the Secretary is satisfied that—

(a) the circumstances which gave rise to the suspension have been investigated; and

(b) the product meets the criteria applying to the product category which the product was listed as belonging to.

(5) In determining whether a product should be listed on the Secretary's product list, the Secretary may have regard to the following—

(a) any matters that the Secretary considers relevant;

(b) any advice provided to the Secretary by Energy Safe Victoria with respect to the product.

Reg. 37D inserted by S.R. No. 109/2024 reg. 10.