Offences relating to safety and performance, certification and information
6 Offences relating to safety and performance, certification and information
A trader must not sell an energy product of a class to which this subsection applies unless it is labelled so as to indicate its compliance with applicable safety and performance standards—
under the authority of the Technical Regulator in accordance with the regulations; or
under an authority conferred by a corresponding law in accordance with that corresponding law.
Maximum penalty: $5 000.
Expiation fee: $315.
A trader must not sell an energy product of a class to which this subsection applies unless it is labelled under the authority of a certification body or the Technical Regulator so as to indicate its certification by that body or the Technical Regulator.
Maximum penalty: $5 000.
Expiation fee: $315.
A trader must not sell an energy product of a class to which this subsection applies unless the trader provides information in respect of the product to the purchaser in accordance with applicable information standards.
Maximum penalty: $5 000.
Expiation fee: $315.
No offence is committed against subsection (1), (2) or (3) if—
the sale takes place within 6 months after the date the subsection is applied to the relevant class of energy product; and
the product was manufactured in or imported into the State before that date.
No offence is committed against subsection (1) or (3) if—
the sale takes place within 6 months after a change in the labelling or information requirements that apply under that subsection; and
the product was manufactured in or imported into the State before the change in the requirements; and
at the time of the sale the product was labelled, or the information provided, in accordance with requirements applicable at or after the time of manufacture or import of the product.
This section does not apply to the sale of second-hand goods.
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