South Australia
Trade Standards Act 1979
An Act to prescribe standards for and to regulate the safety and quality of goods, the provision of information in respect of goods and services and the packaging of goods; and for other purposes.

Contents
Part 1—Preliminary
1	Short title
5	Interpretation
6	Act binds Crown
7	Saving of other remedies
Part 2—Administration
Division 1—Trade Standards Advisory Council
8	Establishment of Council
9	Terms and conditions of office
10	Allowances and expenses
11	Quorum etc
12	Validity of acts of the Council
13	Functions of the Council
Division 2—General
14	Standards officers
15	Powers of standards officer
16	Minister may require information
17	Secrecy
18	Cost of testing
19	Person acting without authority
20	Delegation by Minister
21	Annual report
Part 3—Safety standards
22	Duty to comply with trade standards
23	Safety standards
24	Manufacture or supply of dangerous goods or services
25	Declaration of dangerous goods and services
26	Compensation
26A	Temporary bans
27	Warnings
Part 3A—Defect notices
27A	Issue of defect notices
27B	Opportunity for conference to be afforded
27C	Notification of voluntary recall
27D	Action not to affect insurance contracts
Part 4—Quality standards
28	Goods and services to which this Part applies
29	Compliance with quality standards
30	Quality standards
31	Warnings
Part 5—Information standards
32	Offence to provide or fail to provide information in breach of information standard
33	Information standards
Part 6—Packaging standards
34	Offence to package goods or supply packaged goods in breach of packaging standard
35	Packaging standards
Part 7—Miscellaneous
36	Discretionary exemptions
37	Defences
38	Contracts not avoided for breach of Act
39	Evidence by certificate
40	Evidentiary provisions
41	Offences by bodies corporate
42	Offences due to act or default of other person
43	Prosecutions
44	Compensation
44A	Statutory remedies to be non-exclusive
45	Regulations generally
Legislative history

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Trade Standards Act 1979.
5—Interpretation
	(1)	In this Act, unless the contrary intention appears—
the Council means the Trade Standards Advisory Council established under Part 2;
dangerous goods means goods declared under Part 3 to be dangerous goods;
dangerous services means services declared under Part 3 to be dangerous services;
defect notice means a notice issued under section 27A;
goods means any tangible personal property;
information standard means a regulation made under Part 5;
label means affix or annex information to, mark information on, or incorporate information with, anything;
manufacture includes assemble, process or recondition;
package in relation to any goods means—
	(a)	wholly or partly enclose the goods in any form of covering or container for supply to any person; or
	(b)	authorise, direct, cause, suffer or permit the act referred to in paragraph (a);
packaging standard means a regulation made under Part 6;
premises means—
	(a)	any land, building or place; or
	(b)	a part of premises;
provide in relation to information in respect of goods or services includes authorise, direct, cause, suffer or permit information to be provided in respect of goods or services;
quality standard means a regulation made under Part 4;
safety standard means a regulation made under Part 3;
services includes the conferring of any prescribed right or privilege;
standard means—
	(a)	a safety standard; or
	(b)	a quality standard; or
	(c)	an information standard; or
	(d)	a packaging standard;
standards officer means a person appointed to be a standards officer under Part 2;
supply—
	(a)	in relation to any goods means—
	(i)	sell; or
	(ii)	agree to sell; or
	(iii)	supply by way of barter or exchange; or
	(iv)	let on hire; or
	(v)	bail; or
	(vi)	supply or deliver; or
	(vii)	offer to do, or keep or have in possession for the purpose of doing, any of the acts referred to in subparagraphs (i) to (vi); or
	(viii)	authorise, direct, cause, suffer or permit any of the acts referred to in subparagraphs (i) to (vii); or
	(b)	in relation to any services means—
	(i)	supply or agree or offer to supply; or
	(ii)	authorise, direct, cause, suffer or permit any of the acts referred to in subparagraph (i),
and supplier has a corresponding meaning;
vehicle includes any kind of aircraft or vessel.
	(2)	For the purposes of this Act, goods that are attached to, or wrapped or wound around, anything will be taken to be packaged and the thing to which they are attached, or around which they are wrapped or wound, will be taken to be the covering or container in which they are packaged.
	(3)	For the purposes of this Act, a person provides information in relation to goods if the person—
	(a)	labels the goods; or
	(b)	labels any covering or container in which the goods are packaged; or
	(c)	places the information in any covering or container in which the goods are packaged; or
	(d)	packages the goods in any covering or container that is labelled; or
	(e)	provides the information in any other manner whether that manner is or is not similar to any manner of providing information referred to in paragraph (a), (b), (c) or (d).
	(4)	For the purposes of this Act, information will be taken to be in respect of goods if it would be taken by any reasonable person as referring directly or indirectly to the goods, or a class of goods that includes the goods, whether or not the goods are in existence at the time the information is provided.
	(5)	For the purposes of this Act, a person will be taken to provide information in respect of goods if the person supplies goods in respect of which information is provided (whether by him or her or any other person) in the manner referred to in subsection (3)(a), (b), (c) or (d).
	(6)	For the purposes of this Act, a person provides information in respect of services if the person provides the information in such a manner that it would be taken by any reasonable person as referring directly or indirectly to the services, or a class of services that includes the services, whether or not—
	(a)	the services are being supplied; or
	(b)	any physical thing that is or is to be supplied, or that is or is to be provided for use, in the course of supply of the services, is in existence,
at the time the information is provided.
6—Act binds Crown
This Act binds the Crown.
7—Saving of other remedies
	(1)	The provisions of this Act are in addition to and do not derogate from the provisions of any other Act.
	(2)	The provisions of this Act do not limit or affect any civil remedy at law or in equity.

Part 2—Administration
Division 1—Trade Standards Advisory Council
8—Establishment of Council
	(1)	The Trade Standards Advisory Council is established.
	(2)	The Council will consist of six members appointed by the Governor of whom—
	(a)	one will be a person nominated by the Minister, who will be the presiding member of the Council; and
	(b)	one will be a person nominated by the Minister having the administration of the South Australian Health Commission Act 1976; and
	(c)	one will be a person nominated by the Minister who, in the opinion of the Minister, is an appropriate person to represent the interests of employers in commerce and industry; and
	(d)	one will be a person nominated by the Minister who, in the opinion of the Minister, is an appropriate person to represent the interests of suppliers of goods; and
	(e)	one will be a person nominated by the Minister who, in the opinion of the Minister, has appropriate experience in the determination of standards of safety or quality in relation to the manufacture of goods or the supply of goods or services; and
	(f)	one will be a person nominated by the Minister who, in the opinion of the Minister, is an appropriate person to represent the interests of consumers.
9—Terms and conditions of office
	(1)	Subject to this Act, a member of the Council will hold office for a term of three years upon such conditions as the Governor determines, and, upon the expiration of a term of office, is eligible for re-appointment.
	(2)	The Minister may appoint an appropriate person to be a deputy of a member of the Council and the deputy may, in the absence of that member, act as a member of the Council.
	(3)	The Governor may remove a member of the Council from office for—
	(a)	mental or physical incapacity; or
	(b)	neglect of duty; or
	(c)	dishonourable conduct; or
	(d)	any other cause considered sufficient by the Governor.
	(4)	The office of a member of the Council becomes vacant if the member—
	(a)	dies; or
	(b)	completes a term of office and is not reappointed; or
	(c)	resigns by written notice addressed to the Minister; or
	(d)	fails to attend three consecutive meetings of the Council without leave of the presiding member; or
	(e)	is removed from office by the Governor pursuant to subsection (3).
	(5)	Upon the office of a member of the Council becoming vacant, a person will be appointed, in accordance with this Act, to the vacant office, but where the office of a member becomes vacant before the expiration of a term of office the successor will be appointed only for the balance of the term.
10—Allowances and expenses
A member of the Council is entitled to receive such allowances and expenses as may be determined by the Governor.
11—Quorum etc
	(1)	Three members of the Council constitute a quorum of the Council and no business may be transacted at a meeting of the Council unless a quorum is present.
	(2)	The presiding member of the Council will preside at a meeting of the Council at which he or she is present and in the absence of both the presiding member and his or her deputy from a meeting, the members of the Council present will decide who is to preside at that meeting.
	(3)	A decision carried by the votes of a majority of the members of the Council present at a meeting is a decision of the Council.
	(4)	Each member of the Council is entitled to one vote on a matter arising for determination by the Council and the person presiding at the meeting of the Council has, in the event of an equality of votes, a second or casting vote.
	(5)	Subject to this Act, the business of the Council will be conducted in a manner determined by the Council.
12—Validity of acts of the Council
An act or proceeding of the Council is not invalid by reason only of a vacancy in its membership and, despite the subsequent discovery of a defect in the nomination or appointment of a member, an act or proceeding is as valid and effectual as if the member had been duly nominated or appointed.
13—Functions of the Council
The function of the Council is to advise and counsel the Minister, either at the request of the Minister or upon its own motion, on any matter connected with the administration of this Act, the prescription of standards the declaration of goods to be dangerous goods, or the declaration of services to be dangerous services.

Division 2—General
14—Standards officers
	(1)	The Governor may, by notice in the Gazette appoint any person employed in the Public Service of the State to be a standards officer for the purposes of this Act.
	(2)	The Minister will provide each standards officer with a certificate of identification in the prescribed form.
	(3)	A standards officer must produce his or her certificate at the request of any interested person.
15—Powers of standards officer
	(1)	A standards officer may, for purposes connected with the exercise, performance or discharge of any power, function or duty under this Act—
	(a)	—
	(i)	enter and inspect any premises at any reasonable time; or
	(ii)	stop and inspect any vehicle;
	(b)	during the course of the inspection of any premises or vehicle—
	(i)	require any person found in the premises or vehicle to answer any question; and
	(ii)	inspect any goods, articles or substances found in the premises or vehicle; and
	(iii)	open any container, package or other item found in the premises or vehicle; and
	(iv)	seize and remove anything that constitutes evidence of an offence against this Act; and
	(v)	on payment or tender of a reasonable price for any goods found in the premises or vehicle, remove the goods from the premises or vehicle; and
	(vi)	inspect, examine, analyse and test any goods; and
	(vii)	take photographs, films or video recordings; and
	(viii)	take measurements and make notes; and
	(ix)	require any person to produce any plans, specifications, books, papers or other documents or records; and
	(x)	search for any plans, specifications, books, papers or other documents or records; and
	(xi)	examine, copy and take extracts from any plans, specifications, books, papers or other documents or records; and
	(xii)	give such directions as are reasonably necessary for, or incidental to, the effective exercise of powers under this section.
	(2)	In the exercise of powers under this section, a standards officer may be accompanied by such other persons as the officer considers necessary or desirable in the circumstances.
	(3)	A person must not hinder or obstruct a standards officer, or any person accompanying a standards officer, in the exercise of powers under this section.
Maximum penalty: $750.
	(4)	Subject to subsection (5), a person to whom a question is put under this section must not refuse or fail to answer the question to the best of the person's knowledge, information or belief.
Maximum penalty: $750.
	(5)	A person is not required to answer a question or to produce a plan, specification, book, paper or other document or record under this section if the answer or the production of the plan, specification, book, paper or other document or record would result in or tend towards self-incrimination.
	(6)	A person given any direction under this section must not refuse or fail to comply with the direction.
Maximum penalty: $750.
	(7)	Where any goods are examined, analysed or tested under this section, the Minister must—
	(a)	if the goods were seized and removed under this section; or
	(b)	if the goods were purchased and removed under this section and the examination, analysis or test leads to the institution of proceedings for an offence against this Act,
cause the owner or apparent owner of the goods to be informed of the results of the examination, analysis or test and if proceedings for an offence against this Act are instituted against any person as a result of the examination, analysis or test, allow that person to have the goods examined, analysed or tested on the person's own behalf if that is reasonably practicable in the circumstances.
	(7a)	Where any plan, specification, book, paper or other document or record is seized and removed under this section, the person from whom it was seized, and any other person authorised by him or her, is entitled to inspect it at any reasonable time.
	(8)	Where any goods are seized and removed under this section and—
	(a)	proceedings are not instituted for an offence against this Act in relation to the goods within three months of their seizure; or
	(b)	proceedings are instituted within that period but the defendant is not subsequently convicted,
the person from whom the goods were seized is entitled to recover the goods, or, if the goods have been destroyed or damaged, or have deteriorated, to recover from the Minister as a debt the market value of the goods at the time of their seizure.
	(9)	Where any goods are seized and removed and the person from whom the goods were seized is convicted of an offence against this Act in relation to the goods, the court convicting the person may, in addition, order that the goods be forfeited to the Crown.
16—Minister may require information
	(1)	The Minister may by notice in writing given to any person require that person to furnish within the period specified in the notice any information that is reasonably necessary for the purpose of determining whether or not—
	(a)	any provision of this Act is being or has been complied with; or
	(b)	any goods should be declared to be dangerous goods; or
	(ba)	any services should be declared to be dangerous services; or
	(c)	any standard should be prescribed under this Act.
	(2)	Subject to subsection (3), a person given a notice under this section—
	(a)	must not fail, without reasonable excuse, to furnish information in accordance with the requirements of the notice; and
	(b)	must not furnish information that is false or misleading in any material particular.
Maximum penalty: $1 250.
	(3)	A person is not required to furnish information under this section if the production of the information would result in or tend towards self-incrimination.
17—Secrecy
A person who is engaged or has been engaged in any office or position connected with the administration of this Act must not, otherwise than in the performance of the duties or functions appertaining to that office or position, divulge or communicate any information obtained by virtue of that office or position.
Maximum penalty: $1 250.
18—Cost of testing
	(1)	Where—
	(a)	goods are declared to be dangerous goods; or
	(b)	services are declared to be dangerous services,
the Minister may recover as a debt from a manufacturer or supplier of the goods or from a supplier of the services the reasonable cost of any examination, analysis or test that led to the declaration.
	(2)	Where—
	(a)	goods are found not to comply with an applicable safety standard; or
	(b)	services are found not to comply with an applicable safety standard,
the Minister may recover as a debt from a manufacturer or supplier of the goods or from a supplier of the services the reasonable cost of any examination, analysis or test that led to that finding.
	(3)	Where a person provides (in contravention of this Act) materially inaccurate information in relation to goods or services, the Minister may recover as a debt from that person the reasonable cost of any examination, analysis or test carried out for the purpose of testing the accuracy of the information.
	(4)	The court by which a person is convicted of an offence against this Act may, on the application of the Minister, order payment of any amount that the Minister is entitled to recover from the convicted person under this section.
	(5)	The Minister must, before proceeding to recover costs from a person under this section, supply to the person a statement setting out details of the examination, analysis or test that was carried out and the costs that were incurred.
	(6)	In any proceedings for the recovery of the cost of carrying out an examination, analysis or test to which this section applies, a certificate apparently signed by the Minister—
	(a)	certifying that the Minister supplied a statement in accordance with subsection (5) on a date specified in the certificate; or
	(b)	certifying the amount of the costs,
will be accepted, in the absence of proof to the contrary, as proof of the matter so certified.
19—Person acting without authority
A person must not falsely represent, by words or conduct, that he or she is a standards officer or otherwise engaged in the administration of this Act.
Maximum penalty: $1 250.
20—Delegation by Minister
The powers of the Minister under this Act may be exercised by any officer for the time being so authorised by the Minister and where the exercise of those powers is expressed to depend on a discretion or a state of mind of the Minister that reference will be read as if it referred to a discretion or a state of mind of the person so authorised to exercise those powers.
21—Annual report
As soon as practicable after the end of each financial year the Minister must cause a report to be prepared upon the administration of this Act during that financial year and to be laid before each House of Parliament.

Part 3—Safety standards
22—Duty to comply with trade standards
	(1)	A person must not, in the course of a trade or business—
	(a)	manufacture or supply goods that do not comply with an applicable safety standard; or
	(b)	supply goods in contravention of an applicable safety standard.
Maximum penalty: $10 000.
Expiation fee: $315.
	(2)	A person must not, in the course of a trade or business—
	(a)	supply a service that does not comply with an applicable safety standard; or
	(b)	supply a service contrary to an applicable safety standard.
Maximum penalty: $10 000.
Expiation fee: $315.
23—Safety standards
	(1)	Safety standards are directed at preventing or minimising risk of injury or impairment of health.
	(2)	Safety standards may be promulgated by the Governor in the form of regulations.
	(3)	Safety standards may—
	(a)	regulate the design, construction, composition, materials, contents, finish, performance or other characteristics of any kind of goods; and
	(b)	regulate the nature and quality of services of any kind and the manner in which they are to be performed; and
	(c)	prohibit the supply of particular kinds of goods or services to persons of less than a specified age; and
	(d)	prescribe precautions to be taken in relation to the supply of particular kinds of goods or services (either generally or when they are supplied to particular classes of persons); and
	(e)	prohibit the supply of particular kinds of goods unless instructions are supplied, or adequate instruction is given, in their installation, alteration or use; and
	(f)	make any other reasonable provision that is desirable to prevent or minimise risk of injury or impairment of health.
24—Manufacture or supply of dangerous goods or services
	(1)	A person must not, in the course of a trade or business, manufacture or supply dangerous goods.
Maximum penalty: $10 000.
	(2)	A person must not, in the course of a trade or business, supply dangerous services.
Maximum penalty: $10 000.
25—Declaration of dangerous goods and services
	(1)	The Minister may, by notice in the Gazette—
	(a)	declare specified goods, or goods of a specified class, to be dangerous goods; or
	(b)	declare specified services, or services of a specified class, to be dangerous services; or
	(c)	vary or revoke a declaration under this section.
	(2)	A declaration cannot be made under this section unless the Minister is satisfied—
	(a)	that the declaration is necessary in order to avert risk of injury or impairment of health; and
	(b)	that it is not appropriate in the circumstances to deal with the matter by the prescription of safety standards.
26—Compensation
	(1)	A person to whom dangerous goods, or goods that do not comply with an applicable safety standard, are supplied is entitled to recover from the supplier—
	(a)	compensation for any damage suffered by the person in consequence of a dangerous characteristic of the goods, or the failure to comply with an applicable safety standard;
	(b)	where the goods are returned to the supplier or where they cannot be returned because they have been consumed or destroyed—any amount paid by the person for the goods;
	(c)	where the goods are returned—any reasonable expenses incurred by the person in or in connection with the return of the goods.
	(2)	A person to whom dangerous services, or services that do not comply with an applicable safety standard, are supplied is entitled to recover from the supplier—
	(a)	compensation for any damage suffered by the person in consequence of a dangerous characteristic of the services, or the failure to comply with an applicable safety standard; and
	(b)	any amount paid by the person for the services.
	(3)	The rights conferred by this section cannot be excluded or limited by contract.
	(4)	If in proceedings for compensation under this section it is established that the person claiming compensation contributed to his or her damage or loss, that fact must be reflected in any award of compensation to that person.
26A—Temporary bans
	(1)	Where it appears to the Minister—
	(a)	that goods of a particular kind may be dangerous; or
	(b)	that services of a particular kind may be dangerous,
the Minister may on the recommendation of the Council, by notice in the Gazette, place a temporary ban (for a period not exceeding three months specified in the notice) on the manufacture or supply of those goods, or the supply of those services, while the Minister investigates whether they should be declared to be dangerous.
	(2)	The Minister may, on the recommendation of the Council, by further notice in the Gazette—
	(a)	extend the period of the ban (but not so that the total period of the ban exceeds six months); or
	(b)	vary or revoke the ban.
	(3)	While the ban is in force, a person must not, in the course of a trade or business, manufacture or supply goods, or supply services, that are subject to the ban.
Maximum penalty: $10 000.
	(4)	The Minister must take reasonable steps to bring the publication of a notice under subsection (1) or (2) to the attention of manufacturers or suppliers who are known by the Minister to be affected by the notice.
27—Warnings
	(1)	The Minister may take any action to warn the public against risks, or potential risks, associated with—
	(a)	goods or services that do not comply with an applicable safety standard; or
	(b)	goods or services that have been supplied in contravention of an applicable safety standard; or
	(c)	dangerous goods or services; or
	(d)	goods or services that are subject to a temporary ban.
	(2)	For the purposes of subsection (1), the Minister may publish the trade name or description of goods or services and identify manufacturers or suppliers by name.

Part 3A—Defect notices
27A—Issue of defect notices
	(1)	Where—
	(a)	goods are supplied in the course of trade or commerce after the commencement of this Part; and
	(b)	the goods—
	(i)	are dangerous goods; or
	(ii)	do not comply with an applicable safety standard; or
	(iii)	are such as may cause injury; and
	(c)	it appears to the Minister that insufficient action has been taken to avert danger to those to whom the goods have been supplied (or to other persons who may come into possession of the goods),
the Minister may issue a defect notice to the supplier.
	(2)	A defect notice is a notice that identifies a defect in, or dangerous characteristic of, the goods to which it applies and directs the supplier to do one or more of the following—
	(a)	to take action to recall the goods in accordance with directions contained in the notice and on the return of the goods—
	(i)	to repair the goods; or
	(ii)	to replace the goods; or
	(iii)	to refund to the person who returns the goods any amount paid by the person for the goods;
	(b)	to disclose to the public, or a specified section of the public, in the manner and within the period specified in the notice—
	(i)	the nature of the defect in, or dangerous characteristic of, the goods; and
	(ii)	the circumstances in which the use of the goods is dangerous; and
	(iii)	where appropriate—procedures for disposing of the goods;
	(c)	to inform the public, or a specified section of the public, in the manner and within the period specified in the notice, that the supplier undertakes to do whichever of the following the supplier thinks appropriate:
	(i)	to repair the goods;
	(ii)	to replace the goods;
	(iii)	to refund to a person who returns the goods any amount paid by the person for the goods.
	(3)	A defect notice may be issued to a supplier—
	(a)	personally; or
	(b)	by post; or
	(c)	if the notice is addressed to suppliers of a particular class—by publication in the Gazette and in a newspaper circulating generally in the State.
	(4)	The Minister must take reasonable steps to bring the publication of a notice under subsection (3)(c) to the attention of suppliers who are known by the Minister to be affected by the notice.
	(5)	Where goods are to be repaired in pursuance of a defect notice, the supplier must, on delivery of the goods for repair, cause the goods to be repaired so that—
	(a)	any defect in, or dangerous characteristic of, the goods identified in the notice is remedied; and
	(b)	if there is a safety standard in respect of the goods—the goods comply with that standard.
	(6)	Where goods are to be replaced in pursuance of a defect notice, the supplier must replace the goods with similar goods that—
	(a)	do not have the defect or dangerous characteristic identified in the notice; and
	(b)	if there is a safety standard applicable to the goods—comply with that standard.
	(7)	The cost of the repair or replacement of goods under subsection (5) or (6) (including any necessary transportation costs) must be borne by the supplier.
	(8)	Where a refund of the amount paid for goods is to be made in pursuance of a defect notice, the supplier must, subject to subsection (9), make such a refund in full.
	(9)	If the goods were acquired from the supplier more than 12 months before the date of the application for the refund, the amount of the refund may be reduced by an appropriate amount to allow for the use of the goods.
	(10)	The cost of the return of goods under subsection (8) (including any necessary transportation costs) must be borne by the supplier.
	(11)	If a supplier—
	(a)	fails to comply with a defect notice; or
	(b)	supplies goods to which a defect notice relates while the notice remains in force; or
	(c)	fails to comply with a requirement of this section,
the supplier is guilty of an offence.
Maximum penalty: $10 000.
27B—Opportunity for conference to be afforded
	(1)	Where the Minister proposes to publish a defect notice in relation to goods, the Minister must publish a notice in the Gazette and in a newspaper circulating generally in the State containing—
	(a)	a draft of the proposed defect notice; and
	(b)	a summary of the reasons for the proposed publication of the defect notice; and
	(c)	an invitation to any person who supplies or proposes to supply goods of the relevant kind to request the Council, within a period specified in the notice (which must be a period of at least 10 days from the date of publication), to hold a conference in relation to the proposed publication of the defect notice.
	(2)	The Minister must take reasonable steps to bring the publication of a notice under subsection (1) to the attention of suppliers who are known by the Minister to be suppliers of goods of the relevant kind.
	(3)	If no request for a conference is made within the period stipulated in the invitation or such longer period as the Council may allow, the Council must notify the Minister accordingly.
	(4)	If a request for a conference is made within the relevant period, the Council must appoint a time and place for the holding of the conference, and give notice of the time and place so appointed to the Minister and to the supplier.
	(5)	At a conference under this section—
	(a)	the Council will be represented by a member or members nominated by the presiding member; and
	(b)	each supplier who requested a conference is entitled to be present or to be represented; and
	(c)	any other person whose presence at the conference is considered by the Council to be appropriate is entitled to be present or to be represented; and
	(d)	the Minister or the Minister's nominees are entitled to be present; and
	(e)	the procedure to be followed will be as determined by the Council.
	(6)	The Council must allow the parties to the conference—
	(a)	reasonable access to information on the basis of which the publication of a defect notice is proposed; and
	(b)	a reasonable opportunity to make representations on the question of whether the defect notice should be published.
	(7)	As soon as is practicable after the conclusion of a conference the Council must recommend that—
	(a)	the Minister publish a defect notice in terms of the draft notice; or
	(b)	the Minister publish the defect notice with specified modifications; or
	(c)	the Minister refrain from publishing the defect notice.
	(8)	If the Minister decides not to publish a defect notice, the Minister must give notice of that decision in the Gazette and in a newspaper circulating generally in the State.
27C—Notification of voluntary recall
	(1)	Where a supplier voluntarily takes action to recall goods because the goods will or may cause injury, the supplier must, within two days after taking that action, give notice in writing to the Minister—
	(a)	stating that the goods are subject to recall; and
	(b)	setting out the nature of the defect in, or dangerous characteristic of, the goods; and
	(c)	setting out the action that the supplier intends to take on the recall.
	(2)	A person who fails to comply with subsection (1) is guilty of an offence.
Maximum penalty: $10 000.
27D—Action not to affect insurance contracts
The liability of an insurer under a contract of insurance insuring a supplier against risk of loss related to defects in goods supplied by the supplier is not affected by the fact that the supplier gives to—
	(a)	the Council; or
	(b)	the Minister or any other agency or instrumentality of the Crown; or
	(c)	any officer or employee of the Crown or any of its agencies or instrumentalities,
information relating to goods to which the contract of insurance relates.

Part 4—Quality standards
28—Goods and services to which this Part applies
This Part applies to—
	(a)	goods of a class declared by regulation to be a class of goods to which this Part applies;
	(b)	services of a class declared by regulation to be a class of services to which this Part applies.
29—Compliance with quality standards
	(1)	A person must not, in the course of a trade or business, manufacture or supply goods to which this Part applies that do not comply with an applicable quality standard.
Maximum penalty: $2 500.
	(2)	A person must not, in the course of a trade or business, supply a service to which this Part applies that does not comply with an applicable quality standard.
Maximum penalty: $2 500.
30—Quality standards
	(1)	Quality standards are directed at ensuring—
	(a)	that goods to which this Part applies are reasonably fit for the purpose for which such goods are ordinarily used;
	(b)	that services to which this Part applies are reasonably fit for the purpose for which such services are ordinarily supplied.
	(2)	Quality standards may be promulgated by the Governor in the form of regulations.
	(3)	Quality standards may—
	(a)	regulate the design, construction, composition, materials, contents, finish, performance or other characteristics of goods;
	(b)	regulate the nature and quality of services and the manner in which they are to be supplied;
	(c)	make any other provision relating to the quality of goods or services.
31—Warnings
	(1)	The Minister may take any action to warn the public—
	(a)	that goods that do not comply with an applicable quality standard have been supplied to the public; or
	(b)	that services that do not comply with an applicable quality standard have been supplied to the public.
	(2)	For the purposes of subsection (1), the Minister may publish the trade name or description of goods or services and identify manufacturers or suppliers by name.

Part 5—Information standards
32—Offence to provide or fail to provide information in breach of information standard
A person must not in the course of a trade or business provide, or fail to provide, any information in respect of any goods or services in breach of any applicable information standard.
Maximum penalty: $10 000.
Expiation fee: $315.
33—Information standards
	(1)	The Governor may make regulations designed to ensure that misleading information is not provided and that adequate information is provided in respect of goods and services.
	(2)	Without limiting the generality of subsection (1), those regulations may—
	(a)	prescribe or regulate the content of information in respect of goods or services or the manner or form in which information is to be provided in respect of goods or services; and
	(b)	provide that information of a specified kind is not to be provided in respect of goods or services or that information in respect of goods or services is not to be provided in a specified manner or form; and
	(c)	require the provision of specified information in respect of goods or services and prescribe the manner and form in which it is to be provided; and
	(d)	assign a meaning to information of a specified kind in respect of goods or services; and
	(e)	prohibit the alteration or variation of, or any interference with, any information provided in compliance with any regulation; and
	(f)	provide for and prescribe penalties not exceeding, in each case, $1 250 for breach of, or non-compliance with, any regulations made under this section.

Part 6—Packaging standards
34—Offence to package goods or supply packaged goods in breach of packaging standard
A person must not in the course of a trade or business package any goods, or supply any packaged goods that have been packaged, in breach of any applicable packaging standard.
Maximum penalty: $5 000.
Expiation fee: $160.
35—Packaging standards
	(1)	The Governor may make regulations designed to prevent deceptive packaging of goods and to ensure that goods are packaged for the reasonable convenience of persons to whom they may be supplied.
	(2)	Without limiting the generality of subsection (1), those regulations may—
	(a)	prescribe or regulate the composition, shape, size, dimensions or thickness of the covering or containers in which goods are packaged; and
	(b)	provide that the covering or containers in which goods are packaged must not have any unoccupied space or more than a specified amount of unoccupied space; and
	(c)	provide that the covering or containers in which goods are packaged must not have any cavities or recesses or cavities or recesses of a specified kind; and
	(d)	prescribe or regulate the mass or measure in which goods are to be packaged; and
	(e)	prescribe or regulate any other matter relating to the packaging of goods whether or not similar to the matters referred to in paragraphs (a), (b), (c) or (d); and
	(f)	provide for and prescribe penalties not exceeding, in each case, $1 250 for breach of, or non compliance with, any regulations made under this section.

Part 7—Miscellaneous
36—Discretionary exemptions
	(1)	The Minister may, upon the application of any person, by giving notice in writing to the applicant and publishing the notice in the Gazette, grant an exemption from compliance with any specified provision of this Act in relation to any specified goods or class of goods, where the Minister is satisfied—
	(a)	that the goods are or were intended for export from the Commonwealth and it is reasonable that the exemption be granted; or
	(b)	that the goods were brought into the Commonwealth and it is reasonable that the exemption be granted; or
	(c)	that having regard to the particular circumstances and the general purposes of this Act it is reasonable that the exemption be granted.
	(2)	An exemption granted under this section may—
	(a)	apply (in addition to the applicant) to any person or a class of persons specified in the notice; and
	(b)	be permanent or for a period specified in the notice; and
	(c)	be unconditional or subject to conditions specified in the notice.
	(3)	The Minister may, for good cause, by giving notice in writing to the applicant for an exemption granted under this section and publishing the notice in the Gazette, vary or revoke the exemption or any condition of the exemption or impose a further such condition.
	(4)	A person to whom an exemption under this section applies who breaches, or fails to comply with, any condition of the exemption is guilty of an offence and liable to the same penalty as is prescribed for breach of, or non-compliance with, the provision in relation to which the exemption was granted.
37—Defences
	(1)	In proceedings for an offence against this Act it is, subject to subsection (2), a defence for the person charged to prove—
	(a)	that the commission of the offence was due to a mistake, to reliance on information provided to him or her by, or the act or default of, another person other than his or her employee, or to some cause beyond his or her control; and
	(b)	that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
	(2)	In proceedings for an offence against this Act, the defendant is not, without the permission of the court, entitled to rely upon the defence that the commission of an offence was due to the act or default of another person or to reliance on information provided to him or her by another person unless, within seven days before the hearing, the defendant has served on the complainant a notice in writing giving such information identifying or assisting in the identification of that other person as was then in the defendant's possession.
38—Contracts not avoided for breach of Act
A contract for the supply of goods or services is not rendered void or unenforceable by reason only of a breach of or non-compliance with a provision of this Act.
39—Evidence by certificate
	(1)	A certificate issued by the Minister, or any prescribed officer, in relation to any matters of a prescribed kind will, in any proceedings under this Act, be accepted as proof of those matters in the absence of proof to the contrary.
	(2)	A document purporting to be a certificate referred to in subsection (1) will, in any proceedings under this Act, be accepted as such in the absence of proof to the contrary.
40—Evidentiary provisions
	(1)	In proceedings for an offence against this Act, where it appears to the court from an examination of any information provided in relation to any goods or services, that the information has been provided by, or on behalf of, a person whose name appears in the information or whose identity may be inferred from the information it will, in the absence of proof to the contrary, be presumed that the information was provided by, or on behalf of, that person.
	(2)	In proceedings for an offence against this Act, where it appears to the court from an examination of any packaged goods that the goods were packaged by, or on behalf of, any person whose name appears in or on the packaged goods or whose identity may be inferred from the packaged goods, or were packaged at a time or place directly or indirectly indicated in or on the packaged goods, it will, in the absence of proof to the contrary, be presumed that the goods were packaged by, or on behalf of, that person or at that time or place.
	(3)	In proceedings for an offence against this Act, an allegation in the complaint that the defendant is a body corporate incorporated under the law of another State or a Territory of the Commonwealth will, in the absence of proof to the contrary, be accepted as proof of the matter alleged.
	(4)	In proceedings for an offence against this Act, an allegation in the complaint that a person is a standards officer, will in the absence of proof to the contrary, be accepted as proof of the matter.
41—Offences by bodies corporate
Where a body corporate is guilty of an offence against this Act, every director and other officer and the manager of the body corporate are guilty of an offence and each liable to the same penalty as is prescribed for that offence unless the person proves that he or she did not know and could not reasonably be expected to have known of the commission of the offence or that he or she exercised all due diligence to prevent the commission of the offence.
42—Offences due to act or default of other person
Where a person has committed an offence against this Act, or would have committed an offence against this Act, but for the fact that a defence under section 37 could be established, and the offence, or what would have constituted the offence, was due to the act or default of another person—
	(a)	that other person—
	(i)	is guilty of an offence and liable to the same penalty as is prescribed for the principal offence; and
	(ii)	may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the firstmentioned person; and
	(b)	the firstmentioned person is a competent and compellable witness in any proceedings taken against that other person in respect of the offence.
43—Prosecutions
	(1)	Proceedings for a summary offence against this Act must be commenced—
	(a)	in the case of an expiable offence—within the time limits prescribed for expiable offences by the Summary Procedure Act 1921;
	(b)	in any other case—within two years of the date on which the offence is alleged to have been committed or, with the authorisation of the Minister, at a later time within five years of that date.
	(2)	Proceedings for an offence against this Act cannot be commenced except by—
	(a)	a standards officer; or
	(b)	a person who has the consent of the Minister to commence the proceedings.
	(3)	In any proceedings, an apparently genuine document purporting to be a certificate of the Minister certifying authorisation of, or consent to, proceedings for an offence against this Act will be accepted, in the absence of proof to the contrary, as proof of the authorisation or consent.
44—Compensation
	(1)	A person who suffers loss through the failure of a manufacturer or supplier to comply with a provision of this Act is entitled to compensation from the manufacturer or supplier (or jointly from them both) for the loss.
	(2)	Any such compensation may be recovered in the same way as damages for a tort.
	(3)	If in proceedings for the compensation it is established that the person claiming compensation contributed to his or her loss, that fact must be reflected in any award of compensation to that person.
	(4)	A court by which a manufacturer or supplier is convicted of an offence may, on application by a person claiming to have suffered loss in consequence of the offence, order the convicted person to pay to that person an amount fixed by the court by way of compensation under this section.
44A—Statutory remedies to be non-exclusive
The remedies for which this Act provides are not mutually exclusive; hence, the fact that a person seeks or obtains one such remedy does not preclude that person from pursuing or obtaining another or others.
45—Regulations generally
	(1)	The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.
	(2)	Without limiting the generality of subsection (1), those regulations may—
	(a)	require any person who in the course of a trade or business manufactures goods, supplies goods or services, provides information or packages goods to keep records of a specified kind; and
	(b)	impose fines, not exceeding $750, for offences against the regulations; and
	(c)	fix expiation fees, not exceeding $125, for alleged offences against the regulations.
	(3)	Any regulations made under this section or any other section of this Act may—
	(a)	be of general or limited application according to the persons or classes of persons to whom, or the goods or services, or classes of goods or services, or the time, place or circumstances, to which, they are expressed to apply; and
	(b)	provide that in cases, or classes of cases, specified in the regulations, persons, goods or services, or classes of persons, goods or services, are exempt, or may be exempted by the Minister or any prescribed officer at the discretion of the Minister or officer, from a provision of the regulations, either permanently or for a period, or unconditionally or subject to conditions, specified in the regulations or by the Minister or officer, as the case may be; and
	(c)	refer to, or incorporate, either in whole or in part, a standard or code of practice, as in force at a specified time, or as in force from time to time, of the Standards Association of Australia, the International Standards Organization or any prescribed body.
	(4)	If a code is referred to or incorporated in the regulations—
	(a)	a copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and
	(b)	evidence of the contents of the code may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code.

Legislative history
Notes
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Repeal of Act
The Trade Standards Act 1979 was repealed by s 36 of the Statutes Amendment and Repeal (Australian Consumer Law) Act 2010 on 1.1.2011.
Legislation repealed by principal Act
The Trade Standards Act 1979 repealed the following:
Sale of Furniture Act 1904
Goods (Trade Descriptions) Act 1935
Textile Products Description Act 1953
Footwear Regulation Act 1969
Flammable Clothing Act 1973
Principal Act and amendments
Year	No	Title	Assent	Commencement	
1979	52	Trade Standards Act 1979	22.3.1979	31.1.1980 (Gazette 31.1.1980 p192) except ss 36—45—14.2.1980 (Gazette 14.2.1980 p310) and except ss 22, 23, 28—35—24.7.1980 (Gazette 24.7.1980 p295) and except s 4(3), (5) & (6)—1.6.1985 (Gazette 30.5.1985 p1801) and except s 4(1)—14.3.1986 (Gazette 13.3.1986 p540) and except s 4(2)—1.1.1989 (Gazette 22.9.1988 p1114) and except s 4(4) which will not come into operation (the Act it repealed was subsequently repealed by 43/1993 s 19)	
1987	43	Statutes Amendment (Fair Trading) Act 1987	30.4.1987	26.10.1987 (Gazette 24.9.1987 p940)	
1988	26	Trade Standards Act Amendment Act 1988	21.4.1988	9.6.1988 (Gazette 9.6.1988 p1869)	
1996	34	Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996	2.5.1996	Sch (cl 39)—3.2.1997 (Gazette 19.12.1996 p1923)	
2000	43	Statutes Amendment (Consumer Affairs—Portfolio) Act 2000	13.7.2000	Pt 5 (ss 12—14) & Sch 4—1.10.2000 (Gazette 7.9.2000 p1638)	
2006	17	Statutes Amendment (New Rules of Civil Procedure) Act 2006	6.7.2006	Pt 75 (s 236)—4.9.2006 (Gazette 17.8.2006 p2831)	
Provisions amended
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
Long title	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
Pt 1			
s 2	deleted by 43/2000 s 14 (Sch 4)	1.10.2000	
s 3	deleted by 26/1988 s 3	9.6.1988	
s 4	deleted by 43/2000 s 14 (Sch 4)	1.10.2000	
s 5			
s 5(1)			
the Council	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
dangerous goods	substituted by 26/1988 s 4(a)	9.6.1988	
dangerous services	inserted by 26/1988 s 4(a)	9.6.1988	
defect notice	inserted by 26/1988 s 4(a)	9.6.1988	
information standard	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
materially inaccurate	deleted by 26/1988 s 4(b)	9.6.1988	
package	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
packaging standard	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
premises	inserted by 26/1988 s 4(c)	9.6.1988	
quality standard	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
safety standard	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
standards officer	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
supply	amended by 26/1988 s 4(d)	9.6.1988	
	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 5(2)—(6)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 7			
s 7(1) and (2)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
Pt 2			
s 8			
s 8(1)	substituted by 43/2000 s 14 (Sch 4)	1.10.2000	
s 8(2)	amended by 26/1988 s 5	9.6.1988	
	amended by 43/2000 ss 12(a), 14 (Sch)	1.10.2000	
s 8(3)	deleted by 43/2000 s 12(b)	1.10.2000	
s 9			
s 9(1), (2), (4) and (5)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 10	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 11			
s 11(1)—(5)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 12	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 13	amended by 26/1988 s 6	9.6.1988	
	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 14			
s 14(1)	amended by 26/1988 s 7	9.6.1988	
	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 14(2) and (3)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 15			
s 15(1)	substituted by 26/1988 s 8(a)	9.6.1988	
s 15(2) and (3)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 15(4)	amended by 26/1988 s 8(b)	9.6.1988	
	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 15(5)	substituted by 26/1988 s 8(c)	9.6.1988	
	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 15(6) and (7)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 15(7a)	inserted by 26/1988 s 8(d)	9.6.1988	
s 15(8)	substituted by 26/1988 s 8(d)	9.6.1988	
s 16			
s 16(1)	amended by 26/1988 s 9(a)	9.6.1988	
s 16(2)	amended by 26/1988 s 9(b)	9.6.1988	
	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 16(3)	substituted by 26/1988 s 9(c)	9.6.1988	
	substituted by 43/2000 s 14 (Sch 4)	1.10.2000	
s 17	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 18	substituted by 26/1988 s 10	9.6.1988	
s 19	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
ss 20 and 21	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
Pt 3			
s 22	substituted by 26/1988 s 11	9.6.1988	
s 22(1) and (2)	amended by 34/1996 s 4 (Sch cl 39)	3.2.1997	
	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 23	substituted by 26/1988 s 12	9.6.1988	
s 24	substituted by 26/1988 s 13	9.6.1988	
s 24(1) and (2)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 25	substituted by 26/1988 s 14	9.6.1988	
s 26	substituted by 26/1988 s 15	9.6.1988	
s 26A	inserted by 26/1988 s 15	9.6.1988	
s 26A(3)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 27	substituted by 26/1988 s 16	9.6.1988	
Pt 3A	inserted by 26/1988 s 17	9.6.1988	
s 27A			
s 27A(5) and (11)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 27B			
s 27B(5)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 27C			
s 27C(2)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
Pt 4			
s 28	substituted by 26/1988 s 18	9.6.1988	
	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 29	substituted by 26/1988 s 18	9.6.1988	
s 29(1) and (2)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 30	substituted by 26/1988 s 18	9.6.1988	
s 31	deleted by 43/1987 s 24	26.10.1987	
	inserted by 26/1988 s 18	9.6.1988	
Pt 5			
s 32	amended by 34/1996 s 4 (Sch cl 39)	3.2.1997	
	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 33			
s 33(2)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
Pt 6			
s 34	amended by 34/1996 s 4 (Sch cl 39)	3.2.1997	
	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 35			
s 35(2)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
Pt 7			
s 36			
s 36(4)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 37			
s 37(1)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 37(2)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
	amended by 17/2006 s 236	4.9.2006	
s 38	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 39			
s 39(1) and (2)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 40			
s 40(1)—(4)	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
ss 41 and 42	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 43	substituted by 43/2000 s 13	1.10.2000	
s 44	substituted by 26/1988 s 19	9.6.1988	
s 44A	inserted by 26/1988 s 19	9.6.1988	
s 45			
s 45(2)	amended by 34/1996 s 4 (Sch cl 39)	3.2.1997	
	amended by 43/2000 s 14 (Sch 4)	1.10.2000	
s 45(4)	inserted by 43/2000 s 14 (Sch 4)	1.10.2000	
Transitional etc provisions associated with Act or amendments
Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996
5—Transitional provision
An Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.
Historical versions
Reprint No 1—15.1.1992		
Reprint No 2—3.2.1997		
Reprint No 3—1.10.2000