s. 42B (11) Subject to subsection (14), a person who sells as unleaded petrol, any substance which is not unleaded petrol shall be guilty of an offence. (12) A person who purchases for resale a substance which the vendor represents to be unleaded petrol may request from the vendor a warranty in writing that the substance is unleaded petrol. (13) A vendor who fails or refuses to comply with a request under subsection (12) shall be guilty of an offence. S. 42B(14) (14) If in proceedings for an offence under subsection amended by (11) it is proved to the satisfaction of the court— No. 68/2009 s. 97(Sch. item 50.9). (a) that the accused purchased the substance S. 42B(14)(a) amended by with a warranty from the vendor that the No. 68/2009 substance was unleaded petrol; and s. 97(Sch. item 50.9). S. 42B(14)(b) (b) that at the time of the alleged offence the amended by substance was in the same state as when the No. 68/2009 accused purchased it— s. 97(Sch. item 50.9). the accused shall be discharged from the prosecution. (15) The provisions of subsections (8) to (15) of section 42A apply, with any necessary modifications, in relation to subsection (11) of this section.
(11) Subject to subsection (14), a person who sells as unleaded petrol, any substance which is not unleaded petrol shall be guilty of an offence. (12) A person who purchases for resale a substance which the vendor represents to be unleaded petrol may request from the vendor a warranty in writing that the substance is unleaded petrol. (13) A vendor who fails or refuses to comply with a request under subsection (12) shall be guilty of an offence. S. 42B(14) amended by No. 68/2009 s. 97(Sch. item 50.9). (14) If in proceedings for an offence under subsection (11) it is proved to the satisfaction of the court— s. 42B S. 42B(14)(a) amended by No. 68/2009 s. 97(Sch. item 50.9). (a) that the accused purchased the substance with a warranty from the vendor that the substance was unleaded petrol; and S. 42B(14)(b) amended by No. 68/2009 s. 97(Sch. item 50.9). (b) that at the time of the alleged offence the substance was in the same state as when the accused purchased it— the accused shall be discharged from the prosecution. (15) The provisions of subsections (8) to (15) of section 42A apply, with any necessary modifications, in relation to subsection (11) of this section.
70-8056a188.docx