s 67 False test reports for regulated fire safety products
67.—(1) Any accredited laboratory that issues a false test report knowing that it is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 2 years or to both.[22/2019] (2) Any accredited laboratory that issues a false test report reckless or negligent as to whether it is false shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000.[22/2019] (3) If a person is guilty of an offence under subsection (2) with respect to a false test report for a regulated fire safety product and —(a) in reliance on the false test report, an accredited certification body —(i) issues a certificate of conformity for the regulated fire safety product; or (ii) determines that the requirements of a post‑certification test mentioned in section 69(3)(b) are satisfied in respect of the regulated fire safety product; (b) a fire occurs in a building in which that regulated fire safety product is installed; (c) the regulated fire safety product does not, during the fire, function or perform in a manner that complies with the applicable standard for the regulated fire safety product; and (d) damage, death or injury attributable to the fire occurs, then the person shall, instead of the punishment prescribed in subsection (2), be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both. [22/2019] (4) However, subsection (3) does not apply if it is proved, on a balance of probabilities, that the failure of the regulated fire safety product to function or perform did not cause or worsen any damage, death or injury attributable to the fire.[22/2019] (5) In this section, “false test report”, in relation to a regulated fire safety product, means a test report that —(a) states the result of a test of compliance with an applicable standard conducted on the regulated fire safety product; and (b) is false or misleading in any material particular.[32 [22/2019]