Document ID: chunk:federal_register_of_legislation:F2018L00165:clause:2_7:p2
Version: federal_register_of_legislation:F2018L00165
Segment Type: clause
Provision Reference: sch 2 cl 7 (pt 2/3)
Character Range: 26120–29142

(c)           the Supplier's relevant Supply Profile;
(d)           the Supplier's replacement rates of Vehicles already recalled (if any), and replacement capacity;
(e)           the matters set out in Schedule 2 to this Recall Notice;
(f)            for amendments, any relevant reports or information received pursuant to the requirements of this Recall Notice, as well as the Recall Initiation Schedule and the Quarterly Completion Schedule;
(g)           the size and resources of the Supplier; and
(h)           any other matter.
         (7)           If a Supplier has already commenced recall of Vehicles prior to commencement of this Recall Notice and recall of some category of Vehicles is planned for initiation prior to approval of a Communication and Engagement Plan, then the Supplier may initiate that recall(s) but must use communications consistent with the requirements of Schedule 2 for direct Consumer communications in initiating the recall.

   Prescribed communications with supply of a new Vehicle
         (8)           Where a Dealer or a Supplier that falls within category (c) of the definition of Supplier is supplying a new or demonstration Vehicle that has not previously been supplied to a Consumer, and the Vehicle contains an Affected Takata Airbag Inflator not yet under active recall under this Recall Notice (which supply is prohibited after 31 December 2018 pursuant to subsection 5(14)), then prior to supply, the Dealer or a category (c) Supplier must:
(a)           notify the Consumer (orally and in writing) in clear and simple language in accordance with the requirements of Schedule 2 and approved as part of a Communication and Engagement Plan that:
                    1. the Vehicle contains an Affected Takata Airbag Inflator that will require replacement;
ii.             to avoid future risk of injury or death, the Affected Takata Airbag Inflator must be replaced as soon as possible after the Supplier initiates active recall of the inflator, specifying the applicable date or, if the Recall Initiation Schedule is not yet available, referring the Consumer to the Supplier's website and noting that the Recall Initiation Schedule will be published there; and
iii.           the Supplier will make direct contact with the Consumer to arrange for replacement when recall action is initiated; and
(b)           record at least the following information in the service record of the Vehicle (or some other information if approved as part of the Communication and Engagement Plan):
                    1. that the Vehicle is installed with a faulty Takata airbag inflator;
ii.             the location of the inflator (that is, driver side, passenger side, or both); and
iii.           that, to avoid future risk of injury or death due to misdeployment, the Affected Takata Airbag Inflator must be replaced as soon as possible after recall action is initiated for the Inflator, and either specify the applicable date from the Recall Initiation Schedule (once available), or