Document ID: chunk:federal_register_of_legislation:F2018L00165:clause:2_5:p2
Version: federal_register_of_legislation:F2018L00165
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 2/4)
Character Range: 11298–14309

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 a Supplier properly implemented an approved Communication and Engagement Plan as required by this Recall Notice or, where notification preceded commencement of this Recall Notice, by means approved by the ACCC as acceptable; or
(c)           the Vehicle has not been registered for at least two consecutive years with any State or Territory registration authority; or
(d)           the Vehicle has been scrapped, exported or stolen.
To be satisfied of the above, the ACCC must be provided with adequate evidence by the Supplier.
         (5)           Despite subsections 5(3) and (4), any Supplier with less than 100% actual replacement of Affected Takata Airbag Inflators must use its best endeavours to identify Vehicles presented to its Dealer network, and must seek to replace the Affected Takata Airbag Inflator whenever it identifies a Vehicle. This obligation is ongoing, survives any ACCC confirmation of completion and extends beyond 31 December 2020 until such time as a Supplier can demonstrate with adequate evidence to the ACCC that it has achieved 100% actual replacement.
         (6)           Where a Supplier replaces an Affected Takata Airbag Inflator, the Supplier must bear the cost of the replacement, including any necessary transportation costs.  In this regard:
(a)           if the replacement process will deprive the Consumer of the use of their Vehicle for more than 24 hours, then, at the Consumer's request, the Supplier must provide the Consumer with a loan or hire vehicle, or offer to fund or provide alternative transportation which is reasonable in the circumstances of the Consumer, for the duration of the replacement process;
(b)           if the Vehicle has an Alpha Inflator, then the Supplier must offer to arrange for the Vehicle to be towed to the place of replacement or for a qualified technician to travel to the Vehicle (or some similar arrangement so that the Consumer need not drive the Vehicle); and
(c)           where circumstances reasonably warrant special arrangements to facilitate the replacement, then, at a Consumer's request, the Supplier must make those arrangements at no cost to the Consumer. Special arrangements may include towing/transporting a vehicle to a place of replacement, providing a qualified technician to perform replacement at a place near the Consumer's location, or other similar measures.  Examples of situations where special arrangements may be warranted 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