Document ID: chunk:federal_register_of_legislation:C2021C00345:clause:4_185:p1
Version: federal_register_of_legislation:C2021C00345
Segment Type: clause
Provision Reference: sch 4 cl 185 (pt 1/2)
Character Range: 118557–121390

185  Obligations of a supplier in relation to a recall notice

Scope
 (1) This section applies if a recall notice for equipment requires a supplier to take action of a kind referred to in paragraph 184(1)(c).

Obligations—repair or modify
 (2) If:
 (a) the recall notice was issued under subsection 183(1); and
 (b) the supplier undertakes to repair or modify the equipment;
the supplier must cause the equipment to be repaired or modified so that:
 (c) a reasonably foreseeable use or misuse of the equipment will not cause substantial disruption, substantial disturbance or substantial interference to radiocommunications; and
 (d) the equipment is not covered by an interim ban, or a permanent ban, that is in force.
 (3) If:
 (a) the recall notice was issued under subsection 183(2); and
 (b) the supplier undertakes to repair or modify the equipment;
the supplier must cause the equipment to be repaired or modified so that:
 (c) the equipment would not be likely to have an adverse effect on radiocommunications; and
 (d) the equipment is not covered by an interim ban, or a permanent ban, that is in force.
 (4) If:
 (a) the recall notice was issued under subsection 183(3); and
 (b) the supplier undertakes to repair or modify the equipment;
the supplier must cause the equipment to be repaired or modified so that:
 (c) radio emissions resulting from a reasonably foreseeable use (including a misuse) of the equipment would not be likely to adversely affect the health or safety of individuals; and
 (d) the equipment is not covered by an interim ban, or a permanent ban, that is in force.

Obligations—replacement
 (5) If:
 (a) the recall notice was issued under subsection 183(1); and
 (b) the supplier undertakes to replace the equipment;
the supplier must replace the equipment with similar equipment that satisfies the following conditions:
 (c) a reasonably foreseeable use or misuse of the similar equipment will not cause substantial disruption, substantial disturbance or substantial interference to radiocommunications;
 (d) the similar equipment is not covered by an interim ban, or a permanent ban, that is in force.
 (6) If:
 (a) the recall notice was issued under subsection 183(2); and
 (b) the supplier undertakes to replace the equipment;
the supplier must replace the equipment with similar equipment that satisfies the following conditions:
 (c) the similar equipment would not be likely to have an adverse effect on radiocommunications;
 (d) the similar equipment is not covered by an interim ban, or a permanent ban, that is in force.
 (7) If:
 (a) the recall notice was issued under subsection 183(3); and
 (b) the supplier undertakes to replace the equipment;
the supplier must replace the equipment with similar equipment that satisfies the following conditions:
 (c) radio emissions resulting from a