Responsible supplier to keep evidence
147 Responsible supplier to keep evidence
This section applies to a responsible supplier of a type of level 1 in-scope electrical equipment who sells an item of the type.
The responsible supplier must, for the prescribed period, keep documentary evidence, in English, proving that items of the type meet the relevant standard for the type as in force—
if the responsible supplier is a manufacturer of the type—at the time the item was manufactured by the responsible supplier; or
if the responsible supplier is an importer of the type—at the time the item was imported by the responsible supplier.
Maximum penalty—40 penalty units.
Note—
It is the responsibility of the responsible supplier to ascertain the relevant standard applying to the type under section 126.
It is a defence for the responsible supplier to prove that the responsible supplier obtained the item from a registered responsible supplier.Example for subsection (3)—
This example assumes New Zealand is a participating jurisdiction.
A New Zealand responsible supplier (company A) is a registered responsible supplier. Company A imports level 1 in-scope electrical equipment into New Zealand from the United Kingdom. Company B is an Australian company that purchases the level 1 in-scope electrical equipment from company A and imports it into Australia. Company B, although a responsible supplier, is not a registered responsible supplier. Also, company B does not keep the evidence mentioned in subsection (2) for items of the type.
If company B were charged with an offence against subsection (1) in relation to its sale of an item of the equipment, it would be a defence for company B to prove that it obtained the item from company A who is a registered responsible supplier.
In this section—
keep, documentary evidence, means hold the evidence or be able to access it within10 business days.
prescribed period means 5 years starting on the day the type is last manufactured or imported by the responsible supplier.
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