Document ID: chunk:federal_register_of_legislation:F2024C00112:reg:208
Version: federal_register_of_legislation:F2024C00112
Segment Type: reg
Provision Reference: reg 208
Character Range: 279235–281737

208  Obligations of a supplier in relation to a recall notice
 (1) This section applies if a recall notice for road vehicles or approved road vehicle components requires a supplier to take action of a kind referred to in paragraph 207(1)(c).
Note: Section 209 affects the meaning of supplier in this section.
 (2) If the supplier undertakes to repair the road vehicles or approved road vehicle components, the supplier must cause the vehicles or components to be repaired so that:
 (a) any defect in the vehicles or components identified in the recall notice is remedied; and
 (b) for a vehicle or component recalled on the basis of the matter in subsection 206(4), (6) or (7)—the non‑compliance mentioned in the applicable subsection is rectified.
Example: Where a vehicle entered on the RAV via the type approval pathway was recalled on the basis that it did not substantially comply with the national road vehicle standards as in force at the time it was entered on the RAV (pursuant to subsection 206(4)), the vehicle must be repaired so that it substantially complies with those standards as in force at the time of its RAV entry.
 (3) If the supplier undertakes to replace the road vehicles or approved road vehicle components, the supplier must replace a vehicle with a similar vehicle, or the component with a similar component, which:
 (a) if a defect in, or a dangerous characteristic of, the vehicle or component to be replaced was identified in the recall notice—does not contain that defect or have that characteristic; and
 (b) if the vehicle or component was recalled on the basis of the matter in subsection 206(4), (6) or (7)—complies, to the relevant extent, with the standards referred to in the applicable subsection.
Example: Where an approved road vehicle component of a particular kind was recalled on the basis that it did not substantially comply with the applicable national road vehicle standards as in force at the time it was provided for use or installation in a road vehicle (pursuant to subsection 206(4)), the supplier must replace it with a similar component that substantially complies with those standards as in force at the time it was provided (see paragraph 206(5)(c)).
 (4) If the supplier undertakes:
 (a) to repair the road vehicles or approved road vehicle components; or
 (b) to replace the road vehicles or approved road vehicle components;
the cost of the repair or replacement, including any necessary transportation costs, must be paid by the supplier.