Western Australian Current Acts Western Australian Current Acts (1A) The Director may
by notice published in the Gazette prescribe any class or type of electrical
appliance which shall not after a date specified in the notice be sold, hired
or exposed for sale or hire or advertised for sale or hire, unless the
electrical appliance of that class or type is approved by the Director and is
stamped or labelled if and as prescribed in the regulations.
(1B) An application to
the Director for approval under the provisions of subsection (1A) shall be in
the prescribed form, and shall, unless exempted by the Director, be
accompanied by a test report from a testing laboratory approved by him or her.
(2) A person who,
after the date so specified sells, hires or exposes for sale or hire or
advertises for sale or hire or causes to be sold or hired or exposed for sale
or hire or advertised for sale or hire an electrical appliance of the class or
type prescribed commits an offence unless the electrical appliance is approved
by the Director and is stamped as prescribed or is approved by the Director
and labelled as prescribed.
(3) For the purposes
of this section the approval of the Director may be signified by approval of
samples or specifications of an electrical appliance or by such other means as
the Director thinks proper.
(4) Subject to this
section the Director may withdraw at any time and from time to time an
approval given under this section.
(5A) The Director
shall as soon as practicable determine whether the application in respect of
the electrical appliance is —
(a)
approved; or
(b) not
approved; or
(c)
deferred.
(5B) The Director may
approve the electrical appliance, without an examination or test of the
electrical appliance, where —
(a) the
appliance has been approved by a duly constituted authority in another State
of the Commonwealth, in which case the approval may take the form of the
approval of that authority; or
(b) the
appliance has been approved by a person recognized by the Director as a
competent authority for that purpose and carries a mark recognized by the
Director for that purpose.
(5C) The recognition
of a person by the Director as a competent authority for the purposes of
subsection (5B) does not have any effect in relation to the approval or
marking of an electrical appliance if the person may have a financial interest
in the manufacture, sale or hire of that appliance.
(5D) The Director may,
by notice published in the Gazette , specify the persons and the marks which
are recognized by the Director for the purposes of subsection (5B).
(6) The Governor on
the recommendation of the Director may make regulations for or with respect to
—
(a) the
examination, testing and approval and the deferring and withdrawal of approval
and the stamping and labelling of electrical appliances to which this Act
applies; and for regulating and controlling the use of the stamps and labels
under this Act; and
(b) the
fees to be charged under this Part, including fees to be charged for the
examination and approval of the electrical appliances; and
(c)
prohibiting the fraudulent or improper use of marks similar to those used by
the Director or of marks so nearly resembling those used by the Director as to
be likely to deceive; and
(d)
prescribing penalties not exceeding in the case of an individual, $50 000, and
in the case of a body corporate, $250 000, for a breach of the regulations;
and
(e)
prescribing any matters or things required to be prescribed for the purposes
of this Part or necessary or expedient to be prescribed for carrying the
purposes of this Part into effect.
[Section 33B inserted: No. 72 of 1953 s. 4;
amended: No. 113 of 1965 s. 8; No. 86 of 1979 s. 9; No. 89 of 1994 s. 77, 80
and 83; No. 63 of 1996 s. 4 and 12; No. 5 of 2007 s. 6; No. 19 of 2010 s.
57(4); No. 47 of 2011 s. 27.]