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Court Summary - at a glance

Date of offence:
10 February 2014
 
Plea:
Guilty
 
Decision:
Convicted under S163C of the Electricity Act 1992
Convicted and discharged for the charge under Reg 80 of the Electricity (Safety) Regulations 2010
 
Final decision date:
 
Fine imposed:
$40,000 for the Electricity Act 1992 charge

Safety lessons learned:

Ensure all devices are tested and properly certified for NZ/AS Electrical standards.

Defendant name:
GrabOne Limited
 
Industry:
Retail
 
Date of offence:
10 February 2014
 
Facts in brief:
The defendant company, as an online marketplace, was charged and pleaded guilty as a secondary party to the offending of a merchant (Kmall Limited) in that it aided Kmall Limited when it supplied unsafe electrical goods knowingly that the goods were electrically unsafe.

A customer purchased from the defendant company’s website a bubble machine. The customer received an electric shock from the machine when it was plugged in but switched off. The customer contacted both the defendant company and Kmall Limited explaining the complaint and raising safety concerns then they notified Energy Safety. Despite the complaint, the defendant company continued to advertise the bubble machine.
 
Offence section:
S163C Electricity Act 1992 and S66(1) Crimes Act 1961
Regulation 80 Electricity (Safety) Regulations 2010 and Section 66(1)
 
Date(s) charged:
10 June 2014

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted under S163C of the Electricity Act 1992
Convicted and discharged for the charge under Reg 80 of the Electricity (Safety) Regulations 2010
 
Fine imposed:
$40,000 for the Electricity Act 1992 charge
 
Maximum fine available:
$500,000 and/or imprisonment for a term of not more than 2 years under S163C Electricity Act 1992.
$50,000 fine for breach of Electricity (Safety) Regulations 2010
 
Reparation:
$0 (plus Court costs of $132)