Document ID: chunk:federal_register_of_legislation:C2025C00016:section:38
Version: federal_register_of_legislation:C2025C00016
Segment Type: section
Provision Reference: s 38
Character Range: 52988–54319

38  Compliance with recall notices
 (1) A person contravenes this subsection if:
 (a) a recall notice for road vehicles or approved road vehicle components is in force; and
 (b) the notice requires the person to do one or more things; and
 (c) the person refuses or fails to comply with the notice.
 (2) A person contravenes this subsection if:
 (a) a recall notice for road vehicles or approved road vehicle components is in force; and
 (b) the person, in trade or commerce:
 (i) if the notice identifies a defect in, or a dangerous characteristic of, the vehicles or components—supplies vehicles or components of the kind to which the notice relates which contain that defect or have that characteristic; or
 (ii) in any other case—supplies vehicles or components of the kind to which the notice relates.

Strict liability offence
 (3) A person commits an offence of strict liability if the person contravenes subsection (1) or (2).
Penalty:
 (a) if the person is a body corporate—5,250 penalty units; or
 (b) if the person is not a body corporate—1,050 penalty units.

Civil penalty provision
 (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty:
 (a) if the person is a body corporate—5,250 penalty units; or
 (b) if the person is not a body corporate—1,050 penalty units.