Offences relating to energy performance
6A Offences relating to energy performance
A trader must not sell an energy product of a class to which this subsection applies unless it is registered so as to indicate its compliance with applicable energy performance standards—
in accordance with the regulations; or
in accordance with a 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 so as to indicate its energy efficiency—
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.
No offence is committed against subsection (1) or (2) if—
the sale takes place within 12 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) if—
the sale takes place within 12 months after the cancellation of the registration of the product on the grounds that the product no longer complies with the applicable energy performance standards as a result of an alteration in the standards; and
the product was manufactured in or imported into the State before the cancellation of the registration.
No offence is committed against subsection (2) if—
the sale takes place within 12 months after a change in the labelling 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 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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