Commonwealth Numbered Acts

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TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 62

Product safety standards.
62. (1) A corporation shall not, in trade or commerce, supply goods that are
intended to be used, or are of a kind likely to be used, by a consumer, being
goods of a kind in respect of which a consumer product safety standard has
been prescribed, if those goods do not comply with that standard.

(2) The regulations may, in respect of goods of a particular kind, prescribe a
consumer product safety standard consisting of such requirements as to-

   (a)  performance, composition, contents, design, construction, finish or
        packaging of the goods; and

   (b)  the form and content of markings, warnings or instructions to
        accompany the goods, as are reasonably necessary to prevent or reduce
        risk of injury to persons using the goods.

(3) Where-

   (a)  the supplying of goods by a corporation constitutes a contravention of
        this section by reason that the goods do not comply with a prescribed
        consumer product safety standard;

   (b)  a person suffers loss or damage by reason of a defect in the goods or
        by reason of his not having particular information in relation to the
        goods; and

   (c)  the person would not have suffered the loss or damage if the goods had
        complied with that standard, the person shall be deemed for the
        purposes of this Act to have suffered the loss or damage by the
        supplying of the goods. 

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