Document ID: chunk:federal_register_of_legislation:F2018L00165:clause:2_5:p3
Version: federal_register_of_legislation:F2018L00165
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 3/4)
Character Range: 14025–16932

include those involving a Consumer who is:
                    1. elderly, infirm, disabled or otherwise has special needs;
ii.             located more than 250 kilometres from the nearest place of replacement a Supplier can arrange; or
iii.           located on an island which does not have a Dealer in the Supplier's Dealer network or another qualified place of replacement authorised by the Supplier.
         (7)           A Supplier may apply to the ACCC to vary a date specified in this Recall Notice, including Schedule 1. In considering the variation application and determining an appropriate variation, if any, the ACCC will have regard to the reasons and information provided with the application, and any other relevant information, including the following:
(a)           the safety risk to Consumers in all of the circumstances, including but not limited to the age and location of relevant Vehicles, the location of the Affected Takata Airbag Inflator in the Vehicle, and the Affected Takata Airbag Inflator family(ies) involved;
(b)           the steps the Supplier has taken to obtain replacement airbag inflators;
(c)           the steps the Supplier has taken to increase qualified repair personnel or facilities, as needed;
(d)           the steps the Supplier has taken to identify and notify affected Consumers; and
(e)           the steps the Supplier has taken to address the risk of death or injury associated with Vehicle use until the Affected Takata Airbag Inflator is replaced (for example, offering affected Consumers a loan or hire car).
         (8)           A Supplier must put in place arrangements with its Dealers to allow Consumers to take their Vehicle to any Dealer within the Supplier's Dealer network for replacement of the Affected Takata Airbag Inflator in the Vehicle.
         (9)           A Supplier may satisfy obligations under this Recall Notice by action undertaken by a Dealer or other authorised representative of the Supplier on the Supplier's behalf.  A Supplier must ensure that any such Dealer or other authorised representative complies with the requirements of and prohibitions in this Recall Notice when acting on behalf of the Supplier.
Spare Parts
         (10)       A person who, in trade or commerce, supplies airbags or airbag inflators and is or becomes aware that they have a Spare Part (other than a Spare Part intended to be used as a replacement part in accordance with this Recall Notice) in their possession, power or control, must, as soon as practicable, notify a Supplier that supplies a vehicle into which the person believes the Spare Part could be installed, or the Supplier of the Vehicle from which the Spare Part has been removed, that it has a Spare Part so that the Supplier can make arrangements for the Spare Part to be safely retrieved.  The notification of the Supplier may be through the Supplier's Dealer network or