Australian Capital Territory Numbered Regulations

URBAN SERVICES (APPLICATION OF CRIMINAL CODE) AMENDMENT REGULATIONS 2002 (NO 1 OF 2003) - REG 6

substitute

17E     Interfering with defect tag

    (1)     A person must not remove, alter, damage or deface a defect tag attached to an appliance.

Maximum penalty: 10 penalty units.

    (2)     Subregulation (1) does not apply to the removal of a defect tag by the person who attached it to the appliance, or by an inspector, if the person or inspector believes on reasonable grounds that the appliance is safe.

    (3)     An inspector who removes a defect tag under subregulation (2) must, as soon as practicable, tell the person who attached the tag about the removal.

    (4)     Also, subregulation (1) does not apply to a person who has a reasonable excuse for removing, altering, damaging or defacing the tag.

Example of reasonable excuse

removing a tag from an appliance to use the appliance as scrap

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (5)     An offence against this regulation is a strict liability offence.

    (6)     In this regulation:

        "defect tag" includes an approved tag attached to an appliance under the repealed Gas Supply Regulations, regulation 14 (2).