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StatuteCompetition and Consumer Act 2010

Section 107 — Competition and Consumer Act 2010: Supplying etc. product related services that do not comply with safety standards

Text of the provision Official document

(1) A person must not, in trade or commerce, supply product related services of particular kind if: (a) a safety standard for services of that kind is in force; and (b) those services do not comply with the standard. Note: A pecuniary penalty may be imposed for a contravention of this subsection. (2) A person must not, in trade or commerce, offer for supply product related services the supply of which is prohibited by subsection (1). Note: A pecuniary penalty may be imposed for a contravention of this subsection. (3) If: (a) a person supplies product related services in contravention of this section; and (b) another person suffers loss or damage: (i) because of defect in, or a dangerous characteristic of, consumer goods that results from the services being supplied; or (ii) because of a reasonably foreseeable use (including a misuse) of consumer goods that results from the services being supplied; or (iii) because, contrary to the safety standard, he or she was not provided with particular information in relation to the services; and (c) the other person would not have suffered the loss or damage if the services had complied with the safety standard; the other person is taken, for the purposes of this Schedule, to have suffered the loss or damage because of that supply.

Official source: Federal Register of Legislation

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