Offence to supply or sell unaccepted or unlabelled appliances
71 Offence to supply or sell unaccepted or unlabelled appliances
S. 71(1) amended by No. 39/2005 s. 52(Sch. 2 item 2), substituted by No. 57/2009 s. 22(2), amended by No. 59/2011 s. 35.
A person must not supply or offer to supply or sell or offer to sell a Type A appliance unless the appliance has—
been accepted under an acceptance scheme authorised under this Division or accepted by Energy Safe Victoria under this Division; and
an ESV approved label affixed to it.
- In the case of a natural person, 40 penalty units;
In the case of a body corporate, 200 penalty units.
S. 71(2) inserted by No. 91/2000 s. 24.
Subsection (1) does not apply to a person who supplies or offers to supply or sells or offers to sell a Type A appliance of a class prescribed for the purposes of section 70(2) if an application for acceptance—
under an acceptance scheme authorised under this Division; or
S. 71(2)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).
by Energy Safe Victoria under this Division—
has been made for that appliance before that appliance is supplied or sold or offered for supply or sale.
S. 71(3) inserted by No. 91/2000 s. 24.
If subsection (2) applies to an appliance, a person must not supply or offer to supply or sell or offer to sell that appliance unless the person first informs the person to whom the supply or sale or offer is to be made of the requirements of sections 70 and 72.
- In the case of a natural person, 40 penalty units;
In the case of a body corporate, 200 penalty units.
S. 71A inserted by No. 91/2000 s. 25.
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