Document ID: chunk:federal_register_of_legislation:F2018L00165:clause:2_5:p1
Version: federal_register_of_legislation:F2018L00165
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 1/4)
Character Range: 8641–11584

5  Recall

General
         (1)           Nothing in this Recall Notice alters consumer rights and remedies or obligations on any person who, in trade or commerce, supplies Vehicles or Spare Parts, under the ACL, the CCA, and the TPA, including the consumer guarantees provisions of the ACL and the implied warranties provisions of the TPA, or any other Australian law.
Vehicles
         (2)           The Supplier of a Vehicle must:
(a)           initiate the recall of a Vehicle as follows:
                    1. for a Vehicle with an Alpha Inflator, in accordance with the requirements set out in Schedule 1 and with communications consistent with the requirements of Schedule 2; and
                     2. for a Vehicle with an Affected Takata Airbag Inflator that is not an Alpha Inflator, in accordance with the requirements set out in Schedule 1 and a Communication and Engagement Plan approved by the ACCC in accordance with section 7; and
(b)           replace the Affected Takata Airbag Inflator (in accordance with this section, section 6, and the requirements set out in Schedule 1, but in any event by 31 December 2020 or such other date as approved by the ACCC).
         (3)           Subject to subsections 5(4) and (5), a Supplier will be considered to have complied with its obligation to replace Affected Takata Airbag Inflators under this Recall Notice, when:
(a)           all Affected Takata Airbag Inflators have been replaced (in accordance with this section, section 6, and the requirements set out in Schedule 1); or
(b)           the Supplier applies to the ACCC for assessment of its compliance with its replacement obligations and the ACCC advises the Supplier that it is satisfied that the Supplier has complied with its replacement obligations under this Recall Notice.
         (4)           A Supplier of Vehicles will be considered to have complied with its obligation under this Recall Notice to replace an Affected Takata Airbag Inflator even if the Affected Takata Airbag Inflator was not replaced as required by this Recall Notice if the ACCC is satisfied that:
(a)           a Consumer did not present the Vehicle for replacement of the Affected Takata Airbag Inflator despite multiple notifications under a Communication and Engagement Plan approved in accordance with this Recall Notice or, where notification preceded this Recall Notice, by means (and using language) reviewed after this Recall Notice and approved by the ACCC as acceptable.  For the purposes of this provision, a Consumer will be taken to have been adequately notified where a Supplier can show that the Consumer has been notified in accordance with an approved Communication and Engagement Plan. In accordance with the requirements of Schedule 2, proven notification of a Consumer may require  multiple notification across multiple channels where necessary; or
(b)           a Consumer could not be notified in circumstances where