Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person shall
not —
(a) sell
any new furniture unless the furniture is stamped in accordance with these
regulations, with either the stamp of the maker or the stamp of the importer;
Penalty: $1 000.
(b)
falsely stamp any furniture with any stamp purporting to be a stamp of a
manufacturer or importer that has been affixed under these regulations or
under any law of the Commonwealth or of any other State or Territory of the
Commonwealth;
Penalty: $1 000.
(c)
remove, erase, deface or otherwise interfere with any stamp on any furniture
purporting to be a stamp of a manufacturer or importer that has been affixed
under these regulations or under any law of the Commonwealth or of any other
State or Territory of the Commonwealth;
Penalty: $1 000.
(d) sell
any furniture that he knows to be falsely stamped with the stamp of a
manufacturer or importer.
Penalty: $1 000.
(2) In any proceedings
for an offence against subregulation (1)(a), it is a sufficient defence
for the defendant to prove that —
(a) at
the time when the offence is alleged to have been committed, the furniture to
which the proceedings relate bore the stamp of the maker or the importer which
had been stamped on the furniture when the defendant acquired it;
(b) the
stamp appeared to comply with these regulations;
(c) the
stamp had not been altered in any way by the defendant; and
(d) on
demand made by or on behalf of an investigating officer, the defendant gave to
the investigating officer all the information in his power with respect to the
person from whom he acquired the furniture.
(3) In
subregulation (2)(d), investigating officer means an officer authorised
by the Commissioner under section 23 of the
Consumer Affairs Act 1971 to carry out investigations and inquiries.