Prohibition of sale or use of unsuitable items
70 Prohibition of sale or use of unsuitable items
If, in the Technical Regulator's opinion, a particular component or component of a particular class is, or is likely to become, unsuitable for use in connection with the supply of water or the removal or treatment of sewerage, the Technical Regulator may prohibit the sale or use (or both sale and use) of the component or components of the relevant class.
If, in the Technical Regulator's opinion, a particular component or component of a particular class is, or is likely to become, unsuitable for use in connection with the supply of water or the removal or treatment of sewerage, the Technical Regulator may require traders who have sold the component in the
State—
to take specified action to recall the component from use;
and
—
to take specified action to render the component suitable for use;
or
if it is not practicable to render the component suitable for use or the trader chooses not to do so—to refund the purchase price on return of the component.
A prohibition or requirement is imposed under this section—
by notice in writing given personally or by post to the person to whom it is addressed; or
if addressed to a class of persons, or the public generally—by public notice, and may be varied or revoked in the same way.
A person must not contravene or fail to comply with a prohibition or requirement under this section. Maximum penalty: Maximum penalty: $10 000.
The Technical Regulator is not obliged to conduct a hearing or invite submissions in connection with the exercise of a power under this section if the Technical Regulator considers that urgent action is required.
In this section—
component means a component for any infrastructure, equipment, product or material used in or in connection with the water industry or in connection with plumbing.
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