Trade Practices Amendment Act 1992
No. 106 of 1992
An Act to amend the Trade Practices Act 1974 to provide for the compensation of persons who suffer loss caused by defective goods, and for related purposes
[Assented to 9 July 1992]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Trade Practices Amendment Act 1992.
(2) In this Act, "Principal Act" means the Trade Practices Act 19741.
Commencement
2. This Act commences on the day on which it receives the Royal Assent.
Application
3. Part VA of the Principal Act as amended by this Act applies to goods supplied by their manufacturer after the commencement of this Act ("supplied" and "manufacturer" having the same meanings as in that Part).
4. After Part V of the Principal Act the following Part is inserted:
"PART VA—LIABILITY OF MANUFACTURERS AND IMPORTERS FOR DEFECTIVE GOODS
Interpretation
"75AA. In this Part:
'action goods', in relation to a liability action, means the goods whose supply and defect is alleged in the action;
'Commonwealth mandatory standard', in relation to goods, means a mandatory standard in respect of the goods imposed by a law of the Commonwealth;
'defendant', in relation to a liability action, means a person against whom the action is brought (however described);
'liability action' means an action under section 75AD, 75AE, 75AF or 75AG and includes such an action because of paragraph 75AD(f) or section 75AH;
'loss' includes damage;
'mandatory standard', in relation to goods, means a standard:
(a) for the goods or anything relating to the goods; and
(b) that, under a law of the Commonwealth, a State or a Territory, must be complied with when the goods are supplied by their manufacturer, being a law creating an offence or liability where there is such non-compliance;
but does not include a standard which may be complied with by meeting a higher standard;
'manufactured' includes grown, extracted, produced, processed and assembled;
'plaintiff', in relation to a liability action, means the person by whom the action is brought (however described);
'use' includes consume.
Certain interpretation provisions (importers and others taken to be manufacturers etc.) apply to this Part
"75AB. Subsections 74A(3) to (8) (inclusive) operate as if references in them to Division 2A of Part V included references to this Part.
Meaning of goods having defect
"75AC.(1) For the purposes of this Part, goods have a defect if their safety is not such as persons generally are entitled to expect.
"(2) In determining the extent of the safety of goods, regard is to be given to all relevant circumstances including:
(a) the manner in which, and the purposes for which, they have been marketed; and
(b) their packaging; and
(c) the use of any mark in relation to them; and
(d) any instructions for,