Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 74H

                   Where:

                     (a)  a person (in this section referred to as the seller ) is under a liability to another person (in this section referred to as the consumer ) in respect of loss or damage suffered by the consumer as a result of a breach of a condition or warranty implied by a provision of Division 2 in a contract for the supply of goods (whether or not the goods are of a kind ordinarily acquired for personal, domestic or household use or consumption) by the seller to the consumer; and

                     (b)  a third person (in this section referred to as the manufacturer ):

                              (i)  is liable to compensate the consumer in respect of the same loss or damage by reason of a provision of this Division; or

                             (ii)  in a case where the goods referred to in paragraph (a) are not of a kind ordinarily acquired for personal, domestic or household use or consumption--would, if the provisions of sections 74B, 74C, 74D and 74E applied in relation to those goods, be liable to compensate the consumer in respect of the same loss or damage by reason of any of those provisions;

the manufacturer is liable to indemnify the seller in respect of the liability of the seller to the consumer and the seller may, in respect of the manufacturer's liability to indemnify the seller, institute an action against the manufacturer in a court of competent jurisdiction for such legal or equitable relief as the seller could have obtained if the liability of the manufacturer to indemnify the seller had arisen under a contract of indemnity made between the manufacturer and the seller.